Content warning: The article mentions instances of gun violence.
The Department of Justice (DOJ) has filed a lawsuit against Denver. The suit seeks to overturn the city’s assault weapons ban, which has been in place since 1989.
The legal action comes a day after Denver officials refused a request from the DOJ to repeal the long-standing law. The law makes possession of assault weapons a crime in Colorado’s largest city.
The department claims that the ban violates the 1791 Second Amendment Act, which protects the right of the people to keep and bear arms.
The amendment states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
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However, federal officials said that many rifles are commonly owned by millions of Americans. These include the AR-15-style guns banned by Denver. They argued these firearms are used for lawful purposes.
The DOJ argues that citizens should not face criminal charges for owning firearms legal in several states. However, Denver’s law makes owning these so-called “assault weapons” illegal. The DOJ has also warned it might take legal action against Colorado’s statewide ban on large-capacity ammunition magazines.
These are devices that hold more than 10 rounds and allow rapid firing without reloading. They are linked to higher deaths in mass shootings and are banned in several states.
The measure was passed after the July 20, 2012, mass shooting at a movie theater in Aurora, Colorado. A 24-year-old gunman used a 100-round magazine during the screening of The Dark Knight Rises. The incident killed 12 people and injured 70 others.
Acting Attorney General Todd Blanche issued an official statement on Tuesday. In it, he doubled down on the Justice Department’s stance. “The Constitution is not a suggestion and the Second Amendment is not a second-class right,” he added.
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Previously, the department’s main attorneys asked Denver officials to stop enforcing the laws and asked them to enter negotiations with the Trump administration. The DOJ has made similar arguments against Colorado’s ban on large-capacity magazines. That ban was upheld by the state Supreme Court in 2020.
However, Denver’s mayor Mike Johnston and Police Chief Ron Thomas firmly rejected the request. They spoke at a news conference on Monday.
“Our answer is h*ll no,” Mayor Mike Johnston said. “No, we will not roll back a common-sense policy that has kept weapons of war off of these city streets for 37 years,” he said.
The mayor further said that city officials would not change their stance. He warned that repealing the ban would put first responders at greater risk. It could also make people afraid in everyday places. These include movie theaters, grocery stores, and schools.
“We will not go back to a time when folks are worried about walking into movie theaters or grocery stores or public elementary schools,” he added.
For context, the ammunition ban was introduced after Colorado saw several major mass shootings. These included the 1999 Columbine High School attack that killed 14 people. They also included the 2022 attack at an LGBTQ nightclub in Colorado Springs that killed five.
Colorado Attorney General Phil Weiser also supported the stance. He described the law as a responsible policy that helps reduce the deadly impact of mass shootings and ultimately saves lives.
