Denver defies President Trump’s DOJ, triggering federal lawsuits that could dismantle decades-old “assault weapon” bans and restore Second Amendment rights for millions of law-abiding Americans.
Story Highlights
- DOJ filed suits on May 5 against Denver’s 1989 ban on AR-15-style rifles and large magazines, and on May 6 against Colorado’s 2013 magazine limit.
- Suits cite Heller and Bruen, arguing bans target arms in “common use” for lawful self-defense, with no historical precedent.
- Denver Mayor Mike Johnston rejected DOJ demands, vowing vigorous defense despite federal supremacy.
- Trump’s new Second Amendment Section leads first major litigation campaign against local gun control overreach.
- Potential nationwide precedent if courts strike down bans, aiding gun owners and businesses in restrictive areas.
DOJ Launches Federal Challenge
The U.S. Department of Justice under President Trump filed United States v. Denver on May 5, 2026, in U.S. District Court for the District of Colorado. The suit targets Denver’s 37-year-old ordinance banning “assault weapons” like AR-15-style semi-automatics and magazines over 15 rounds. Acting AG Todd Blanche and Asst. AG Harmeet Dhillon argue these restrictions violate the Second Amendment by prohibiting arms in common use for lawful purposes. The city ignored a late April demand letter to repeal or halt enforcement.
Colorado Magazine Ban Faces Scrutiny
On May 6, DOJ filed United States v. Colorado, challenging the state’s 2013 law restricting magazines over 15 rounds. Enacted after Aurora and Sandy Hook shootings, the ban grandfathered existing possession but blocks sales and transfers. DOJ invokes Heller (2008), which protects common-use arms, and Bruen (2022), requiring historical tradition for regulations. Lower courts split, with six upholding similar laws, but Supreme Court signals skepticism of such measures.
Denver’s Defiant Response
Mayor Mike Johnston publicly rejected DOJ demands on May 4, declaring “Hell no” and affirming the ban reflects city values after 37 years without issues. City Attorney Miko Brown contests DOJ’s use of 34 U.S.C. §12601, a police misconduct statute, as improper. Councilwoman Serena Gonzales-Gutierrez echoes public safety claims. Denver vows a vigorous defense, heightening federal-local tensions in the Democratic stronghold.
Broader Implications for Gun Rights
These suits mark the first from DOJ’s new Second Amendment Section, launched in 2025, following a D.C. challenge. NRA-ILA praises the action, noting AR-15s as America’s most popular rifle for self-defense. Success could halt enforcement, boost Colorado gun businesses, and set precedent against 20+ similar bans nationwide. Rural gun owners celebrate, while urban Democrats fear violence spikes amid 2026 midterm flashpoints.
DOJ Challenges Denver's 'Assault Weapon' Ban and Colorado's Magazine Limit https://t.co/CYa28P73vn
— HP McLovincraft (@HellboundNDown) May 7, 2026
Stakeholders Gear for Battle
Gun rights groups like NRA-ILA and Colorado State Shooting Association back DOJ, ready to assist. Control advocates cite mass shootings to defend bans. Cases remain in early stages with discovery ahead. DOJ seeks permanent injunctions, emphasizing the Constitution “is not a suggestion.” Outcomes may reach SCOTUS, reshaping post-Bruen gun law landscape and reinforcing individual liberty over local overreach.
Sources:
Denver7: DOJ demands Denver repeal assault weapons ban; city says it isn’t budging
Latin Times: Trump DOJ Challenges Denver Assault Weapons Ban in Federal Court
Reason: DOJ challenges Denver’s ‘assault weapon’ ban and Colorado’s magazine limit