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DOJ Sues Denver over Decades-Old ‘Assault Weapon’ Ban

A new Ruger AR-15 rifle is seen for sale at the Pony Express Firearms shop in Parker, Colo., December 7, 2015. (Rick Wilking/Reuters)

The Department of Justice announced Tuesday that it is moving forward with a lawsuit against Denver, Colo., challenging the city’s long-standing ban on so-called assault weapons.

“These laws unconstitutionally infringe on the Second Amendment rights of law-abiding citizens to keep and bear arms in common use for lawful purposes,” the DOJ said in a statement Tuesday. “As the complaint explains, the City enforces an ordinance that makes it a crime to possess so-called ‘assault weapons.’ But that the City’s ban includes AR-15-style rifles, which are the most popular rifles in America. Law-abiding Americans own tens of millions of rifles like those banned by the City.”


The Justice Department is suing Denver through the Second Amendment Section of the DOJ’s Civil Rights Division, according to Assistant Attorney General for Civil Rights Harmeet K. Dhillon.

“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” Dhillon said. “Law-abiding Americans, regardless of what city or state they reside in, should not have to live under threat of criminal sanction just for exercising their Second Amendment right to possess arms which are owned by tens of millions of their fellow citizens.”

Denver’s ban, which has been in place for 37 years, bans so-called assault rifles and magazines that hold more than 15 rounds.




“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” Acting Attorney General Todd Blanche said. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.”

Last week, the DOJ sent a letter to Denver politicians, warning of the potential lawsuit if the city refuses to dissolve the ban.

“The Ordinance bans many weapons, including AR-15 style semiautomatic rifles. Law-abiding Americans own and use for lawful purposes literally tens of millions of AR-15 style rifles,” the letter, from the end of April, reads. “Indeed, it is the most popular rifle in America. The City has banned an arm in common use for lawful purposes by law-abiding citizens. Therefore, the Ordinance violates the Second Amendment.”

City officials, however, did not take kindly to the Trump administration’s requests.


“Our first job is to keep Denverites safe, and we will not be intimidated out of doing it,” Denver Mayor Mike Johnston said in a press release following the DOJ’s initial letter. “Denver’s law has stood for 37 years because it works, it saves lives, and it reflects the values of our community. No demand or lawsuit from Washington is going to change that.”

Janet Carter, managing director of Second Amendment litigation at Everytown Law, claims Denver citizens “will be less safe” if the DOJ succeeds and the ban is repealed.

Eleven states plus the District of Columbia have similar “assault weapon” bans, though the exact definition of assault weapon varies by jurisdiction.

In Australia, which banned semi-automatic rifles in 1996, gun ownership has actually increased, with over four million guns in private hands today, according to the Australia Institute.


Australia saw its deadliest terrorist attack in December 2025, when 15 people were killed and 42 were injured in a shooting at Bondi Beach. The gunman targeted a Hannukah celebration with at least 1,000 attendees.

Kamden Mulder is a William F. Buckley Jr. Fellow in Political Journalism. She is a graduate of Hillsdale College.
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