DENVER — The U.S. Department of Justice is demanding that Denver repeal its 37-year ban on assault weapons or face a lawsuit. The city said Monday it isn’t budging.
President Donald Trump’s DOJ sent a letter to Denver leaders last week, asserting that the city’s assault weapons ban violates the Second Amendment and demanding that the ordinance no longer be enforced.
The DOJ warned of a possible lawsuit if Denver does not repeal the ban, which restricts guns with magazines over 15 rounds, including AR-15-style firearms—a gun that the DOJ letter claims is the "most popular rifle in America."
"The Ordinance bans many weapons, including AR-15 style semiautomatic rifles. Law-abiding Americans own and use for lawful purposes literally tens of millions of AR-15 style rifles. Indeed, it is the most popular rifle in America. The City has banned an arm in common use for lawful purposes by law-abiding citizens. Therefore, the Ordinance violates the Second Amendment," the DOJ letter reads.
In response to the DOJ’s demand, Denver leaders, including Mayor Mike Johnston, rejected the ultimatum, asserting that the federal government is overreaching and defending the city’s position.
"Our first job is to keep Denverites safe, and we will not be intimidated out of doing it," Johnston said in a news release. "Denver's law has stood for 37 years because it works, it saves lives, and it reflects the values of our community. No demand or lawsuit from Washington is going to change that."
City officials and advocacy groups argued that overturning the law would make Denver less safe, citing past mass shootings in the state.
Janet Carter, managing director of Second Amendment litigation at Everytown Law, argued in the release, "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."
City attorneys argue that the DOJ is misapplying a law intended for police misconduct to challenge a local gun ordinance, according to a response letter from the Denver City Attorney's Office.
“Further, your reliance on 34 U.S.C. Section 12601 as a basis for your threatened lawsuit is neither compelling nor proper. Congress enacted Section 12601 in the wake of the horrific Rodney King beating to provide the federal government with tools to combat excessive force and other kinds of misconduct in state and local police departments. Your effort to use Section 12601 to mount a facial challenge to the City’s democratically-enacted Ordinance flies in the face of text, history, and past practice,” the letter reads.
In the response letter to the DOJ, the city attorney’s office cites multiple federal appellate rulings upholding similar laws and points to the failure of past challenges to Colorado’s magazine capacity limits.
“Relatedly, you may be aware of the failure of Barry Arrington’s 2022 lawsuit in Colorado challenging the state’s restriction on large-capacity magazines, which he dismissed with prejudice in 2024. According to one of Mr. Arrington’s clients, the dismissal occurred because the plaintiffs could not carry their burden of proof under Bruen—specifically, according to their press release they were unable to present “critical evidence of the ‘common use’ of” the magazines Colorado banned,” the letter reads.
The city says it will continue defending its authority to regulate firearms and maintain its public safety measures.
It's unclear if the DOJ has sent letters to other cities and states with similar bans.
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