The Trump administration has initiated legal action against Denver and its police department, aiming to dismantle an assault weapons prohibition that has been in effect for Colorado's largest city since 1989.
Legal Challenge Filed
The lawsuit, filed on Tuesday, comes a day after city officials publicly declined a request from the Department of Justice to rescind the long-standing local ordinance that criminalizes the possession of assault weapons. The Trump administration, under Republican leadership, contends that the ban infringes upon the Second Amendment right to bear arms. Additionally, the administration is threatening to sue Colorado over a statewide ban on large-capacity ammunition magazines implemented following the 2012 Aurora movie theater massacre.
“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” stated acting Attorney General Todd Blanche in a Tuesday press release. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms.”
City Officials Stand Firm
Department of Justice attorneys had previously requested that the city cease enforcement of the ban and engage in negotiations to resolve the matter. However, Denver's mayor and police chief, during a Monday news conference, forcefully rejected the administration's demand.
“Our answer is hell no,” declared Mayor Mike Johnston. “No, we will not roll back a common sense policy that has kept weapons of war off of these city streets for 37 years. No, we will not put first responders at greater risk every time they respond to a dangerous incident. No, we will not go back to a time when folks are worried about walking into movie theaters or grocery stores or public elementary schools.”
Historical Context
The assault weapons ban was enacted during a period of heightened concern over gun violence in the city. Since then, numerous mass shootings have occurred elsewhere in the state, including the 1999 Columbine High School massacre that killed 14 people, the Aurora movie theater attack that killed 12 and injured 70, a 2021 shooting at a Boulder supermarket that killed 10, and a 2022 attack at an LGBTQ nightclub in Colorado Springs that killed five.
Denver Police Chief Ron Thomas noted that he joined the department the year the ban was adopted and believes it has helped address gun violence. Of the 2,100 guns recovered in the city last year, fewer than 2% were assault-style weapons, Thomas said.
Federal Arguments
Federal officials argued in their lawsuit that Denver's ban includes AR-15-style rifles owned by at least 16 million people nationwide. Government attorneys described them as “ordinary semiautomatic rifles” used for lawful purposes, including self-defense. Similar claims have been made regarding Colorado's law banning large-capacity magazines, which the state Supreme Court upheld in 2020. In an April 28 letter to state officials, the administration threatened to sue unless the state ceases enforcement and acknowledges the law's unconstitutionality.
“Law-abiding Americans own literally hundreds of millions of magazines identical to those banned in Colorado,” wrote Assistant Attorney General Harmeet Dhillon.
State Response
Colorado Attorney General Phil Weiser responded by stating that firearms with large-capacity magazines pose a major threat to public safety. He asserted that the ban is reasonable. “Large-capacity magazine laws are responsible policies that decrease the deadly impacts of mass shootings and save lives,” Weiser said in a statement.
