Justice Department Sues Colorado Over Magazine Ban
The Department of Justice has initiated a lawsuit against Colorado, claiming that the state infringed on the Second Amendment rights of its residents by prohibiting widely used magazines. This ban, established by a law signed in 2013 under Democratic Governor Jared Polis, affects magazines that hold 15 rounds or more, set to take effect in April 2025.
According to court documents, the Justice Department pointed out that Colorado recognized these magazines are in common use. The lawsuit asserts, “The state has already acknowledged that magazines like the ones it banned are commonly used by law-abiding Americans for lawful purposes, including self-defense. Therefore, anti-magazine laws that criminalize the sale, transfer, or possession of such magazines violate the Second Amendment.”
Harmeet K. Dhillon, assistant attorney general for civil rights at the Justice Department, commented, “Colorado’s ban on certain magazines is a show of political virtue at the expense of Americans’ constitutional right to keep and bear arms.” Dhillon emphasized the commitment to safeguarding the rights of law-abiding Americans from unconstitutional restrictions.
In contrast, Josh Koskoff, a lawyer who represented families affected by the Sandy Hook Elementary School shooting, criticized the Justice Department’s move. He stated, “Ask the parents of the first graders killed at Sandy Hook. Ask the families in Uvalde, Highland Park, Buffalo. No one will tell you that their communities needed easier access to weapons of war.” He expressed that this lawsuit is more about aligning with the gun industry than genuinely defending the Second Amendment.
On another front, the Justice Department’s Civil Rights Division has also filed a lawsuit against Denver for its ban on modern semi-automatic firearms, particularly targeting the AR-15, a firearm popular for self-defense and sport shooting.
The Supreme Court, in its Heller decision back in 2008, determined that the Second Amendment protects weapons that are “commonly used for lawful purposes.” A more recent report from the National Shooting Sports Foundation estimates that over 448 million detachable rifle magazines that hold 30 or more rounds are in use or sold across the country, along with an estimated 60 million magazines holding between 11 and 29 rounds.
