Full Breakdown
DOJ Sues Denver Over 37-Year-Old Assault Weapons Ban
5/6/2026, 3:00:59 AM
Lawsuit Overview
On May 5, 2026 the Justice Department filed a lawsuit in the District Court for Colorado, alleging Denver’s ordinance that criminalizes “assault weapons” violates the Second Amendment. The complaint cites *District of Columbia v. Heller* (2008) and *NYSRPA v. Bruen* (2022) as authority and targets AR-15-style rifles the DOJ says are commonly owned.
History of the Ban
Denver adopted its assault-weapons ordinance in 1989 after a rise in violent crime, per Police Chief Ari Zavaras. The law defines an assault weapon as any semiautomatic pistol or center-fire rifle with a magazine over 15 rounds, or a semiautomatic shotgun with a folding stock or a magazine over six rounds, and bans bump stocks. The ban preceded the Columbine (1999), Aurora (2012) and Boulder (2021) shootings.
Data & Legal Context
The DOJ estimates “tens of millions” of AR-15-style rifles are owned, while the complaint cites at least 16 million owners. Denver reports that of 2,100 guns recovered in 2025, fewer than 40 were assault-style weapons. Six appellate courts have upheld similar bans; the Tenth Circuit has not ruled on an assault-weapon case. The suit could set a precedent for gun restrictions.
Official Statements
Acting Attorney General Todd Blanche said Constitution must be applied fully and Second Amendment is not a second-class right; Assistant Attorney General Harmeet Dhillon warned citizens should not face criminal sanctions for a protected right. Mayor Mike Johnston rejected demand, saying Denver will not roll back ban. City Attorney Miko Brown called DOJ’s request a baseless, irresponsible overreach.
Opposition & Support
Rocky Mountain Gun Owners president Dudley Brown called the ban unconstitutional and immoral. NRA-ILA’s John Commerford praised the DOJ’s defense of the Second Amendment. Everytown’s Janet Carter argued assault weapons are “weapons of war” with no place in communities and defended the ordinance.
Verbatim Quotes
- “The Constitution is not a suggestion, and the Second Amendment is not a second-class right.” — Todd Blanche, Acting Attorney General
- “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.” — Harmeet Dhillon, Assistant Attorney General
- “We’re here today to let them know that our answer is hell no.” — Mike Johnston, Mayor of Denver
- “Your request is baseless, irresponsible, and a clear overreach of the federal government’s power,” — Miko Brown, Denver City Attorney
Conflicting Reports & Gaps
The DOJ cites “tens of millions” of AR-15 owners; complaint notes at least 16 million, reflecting estimates.
What’s Next
The case will proceed before a federal district judge, with Denver likely seeking a declaratory judgment and injunction. Appeals could move to the Ninth or Tenth Circuit, and possibly the Supreme Court, shaping the future of municipal gun regulations.
