Full Breakdown
Justice Department Sues Colorado and Denver Over Large-Capacity Magazine and Assault-Weapon Bans
5/7/2026, 2:22:33 AM
Federal Lawsuits Target State and Municipal Gun Restrictions
On May 6 2026 the Justice Department filed a complaint in the Colorado federal court challenging the state’s ban on magazines over 15 rounds. A day earlier it sued Denver over its 1989 ordinance prohibiting assault weapons, including AR-15 rifles and high-capacity magazines. Both suits allege Second-Amendment violations.
Legislative Background
Colorado’s magazine ban passed in 2013 after the 2012 Aurora theater shooting that killed 12. Denver’s assault-weapon ban dates to 1989, enacted after local shootings and remaining for 37 years. The Colorado Supreme Court upheld the magazine ban in 2020; federal courts have previously upheld similar restrictions.
Primary Actors
The suits are led by Assistant Attorney General Harmeet Dhillon and Acting Attorney General Todd Blanche. Colorado’s defense is headed by Attorney General Phil Weiser. Denver’s response comes from Mayor Mike Johnston, City Attorney Miko Brown, and Police Chief Ron Thomas. Barry Arrington, acting chief of the DOJ’s Second Amendment Section, is also named.
Chronology
- April 28 2026: DOJ letters to Denver and Colorado set a 5 p.m. deadline.
- May 5 2026: suit filed against Denver.
- May 6 2026: suit filed against Colorado.
- 2020: state Supreme Court upheld the magazine ban.
Data Highlights
The DOJ estimates 448 million magazines over 15 rounds exist nationwide. Colorado treats possession as a misdemeanor. Denver seized 2,100 guns in 2025; under 2 % were assault-style. The complaint notes at least 16 million Americans own AR-15 rifles, the nation’s most popular rifle.
Legal Arguments and Official Positions
The DOJ argues detachable magazines are integral to automatic firearms and thus arms in common use protected by the Second Amendment, citing the 2022 Bruen test. Colorado’s AG calls the ban a responsible policy that curbs shooting harm. Denver officials call the ordinance a common-sense policy that has kept weapons of war off city streets for decades.
Opposition
City Attorney Miko Brown called the federal demand “baseless, irresponsible and a clear overreach.” Everytown Law’s Janet Carter labeled the DOJ’s stance an “outlier” against a “growing consensus” among courts, noting six federal courts have upheld similar bans.
Conflicting Reports & Gaps
The DOJ’s estimate of “hundreds of millions” of prohibited magazines differs from state officials’ reference to “millions” in circulation. The 2020 state-court decision applied Colorado constitutional analysis, while the DOJ relies on federal Second-Amendment jurisprudence, leaving the interaction of state and federal authority unresolved.
Verbatim Quotes
- “The Constitution is not a suggestion and the Second Amendment is not a second-class right,” — Todd Blanche, Acting Attorney General
- “Our answer is ‘Hell no,'" — Mike Johnston, Mayor of Denver
- “ The release quotes Harmeet Dhillon, assistant attorney general for the DOJ’s Civil Rights Division, saying: Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms.” — Harmeet K. Dhillon, Assistant Attorney General
- “Your request is baseless, irresponsible and a clear overreach of the federal government’s power,” — Miko Brown, City Attorney, Denver
Future Proceedings
The DOJ seeks a permanent injunction to stop both bans. Colorado and Denver say they will contest, likely extending litigation that could affect gun-control policies elsewhere.
