DOJ Sues Denver Over Unconstitutional “Assault Weapons” Ban

The U.S. Department of Justice has sued Denver, Colorado, over the city’s 37-year ban on so-called “assault weapons,” arguing the ordinance violates the Second Amendment by criminalizing commonly owned AR-15-style rifles.

Only one day after Denver, Colorado, Mayor Mike Johnston cavalierly told reporters his answer to a Justice Department vow to bring legal action over the city’s long-standing ban on so-called “assault weapons” was “Hell, no,” the DOJ hit the Mile High City with a federal lawsuit.

Assistant Attorney General Harmeet Dhillon, in announcing the lawsuit, stated, “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. 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.”

In the same announcement, Acting Attorney General Todd Blanche—who replaced Pam Bondi last month—explained, “The Constitution is not a suggestion and the Second Amendment is not a second-class right. 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.”

Although Bondi had announced the DOJ would aggressively defend the Second Amendment early last year, not much action beyond a lawsuit against the Los Angeles County Sheriff’s Department and a legal action against the Virgin Islands police had happened. Many in the firearms community quietly believed Bondi was dragging her feet. Blanche, on the other hand, appears to have hit the ground running.

Language in the federal complaint is clear.

“The (Denver) Ordinance uses politically charged rhetoric,” the complaint says. “The term ‘assault weapon’ is not a technical term used in the firearms industry. Rather, as Justice Thomas has aptly noted, ‘assault weapon’ is a rhetorically charged political term developed by anti-gun publicists.”

According to the Denver Gazette, Johnston told a press conference Monday, “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, grocery stores, or public elementary schools.”

In his reply to Dhillon, Denver City Attorney Miko Brown wrote, “Notably, all six federal appellate courts that have considered assault weapons or large-capacity magazine (“LCM”) prohibitions following NYSRPA v. Bruen…have upheld them—specifically, the First, Second, Fourth (en banc), Seventh, Ninth, and D.C. Circuit. While the Tenth Circuit has not yet ruled on an assault weapon or LCM case, in United States v. Morgan, 150 F.4th 1339, 1347 (10th Cir. 2025) a three-judge panel unanimously held that a statute precluding the transfer or possession of machineguns did not violate the Appellee’s Second Amendment right. In its opinion, the Tenth Circuit squarely rejected the argument you make here—that the number of a certain weapon in private hands is what matters under the Second Amendment…It does not. Therefore, even if your bald, unsupported statement that ‘literally tens of millions of AR-15 style rifles’ are held by private individuals is true (and you have presented no evidence showing it is), your point is irrelevant.”

Johnston and the City of Denver will now have the opportunity to prove that in court.

In a defiant press release from Johnston’s office, which included quotes from other city officials, there is also a statement from a representative at the nation’s wealthiest gun prohibition lobbying organization, Everytown for Gun Safety. Including the remarks from Everytown managing director of Second Amendment litigation Janet Carter clearly shows on which side of the gun rights argument Johnston and the city are aligned.

“If the DOJ’s threat succeeds, Denver residents will be less safe. Assault weapons are weapons of war, and they have absolutely no place in our communities. It is heartbreaking that this would even be a question after the horrific events in Columbine, Aurora, and Boulder,” Carter said. “Denver’s life-saving ban is constitutional, and courts nationwide – including six federal appeals courts – have overwhelmingly upheld similar measures. We are proud to stand with Mayor Johnston and the city of Denver as they lead with courage, and will fight tirelessly to ensure this vital public safety measure remains in place.”

In her April 28 letter to Mayor Johnston, AAG Dhillon also told Johnston to retain all “documents, photos, videos, files, tapes, emails and computer files, that may be relevant to this matter.”

This lawsuit provides dramatic evidence that the Blanche DOJ, with Dhillon heading the Civil Rights Division, is going to be more aggressive in its effort to remind the media, the gun prohibition lobby and anti-gun politicians that the Second Amendment is not a second-class right.

That this comes only a week after Robert Cekada was confirmed as the new director at the Bureau of Alcohol, Tobacco, Firearms and Explosives appears to underscore this new approach to Second Amendment enforcement.

In the complaint, DOJ notes, “When the City banned AR-15 style rifles with standard capacity magazines, it banned an arm in common use for lawful purposes by law-abiding citizens. Therefore, the Ordinance violates the Second Amendment, and the United States brings this action to vindicate the rights of Denver citizens whose rights have been—and are continuing to be—violated by Defendants.”

Dhillon signed the complaint, along with other DOJ officials. The lawsuit is seeking to enjoin the city from further enforcement of the 37-year-old gun ban.

“Unless this Court enjoins Defendants and also grants the declaratory relief the United States describes below,” the complaint notes, “Defendants will continue to engage in a pattern or practice of conduct that deprives law-abiding individuals of their Second Amendment rights to acquire and possess arms protected by the Second Amendment.”

While Johnston maintains the city’s gun ban is legal, the firearms community is reminded that in 2022, the U.S. Supreme Court threw out a century-old gun permit law in New York state, in the landmark Bruen ruling. It reminded the country that just because lower courts may have upheld a regulation doesn’t mean it complies with the Second Amendment. If this case is fast-tracked through the federal court system, the high court may have another opportunity to show how that works.

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About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.