Denver’s Longstanding Assault Weapons Ban Faces Legal Challenge

Denver has historically shaped Second Amendment rights for its residents. The city enacted a law in 1989 regarding “offensive weapons” that prohibits the transport, storage, possession, manufacture, and sale of specific firearms, particularly semi-automatic pistols and centerfire rifles that can hold more than 15 rounds, as well as shotguns that can accommodate more than six rounds.

The local ordinance, introduced by the City Council, claims that assault weapons pose a risk to public health, safety, and security. They assert that limitations on access to these firearms for law-abiding citizens are both “reasonable and necessary.”

Most recently, the Trump administration’s Justice Department expressed concerns about the ban, which they labeled unconstitutional. They urged the city to repeal the law, warning of potential legal repercussions if it remains in place. In a response, Denver’s City Attorney dismissed the Justice Department’s claims as unfounded and an overreach of federal authority.

Mayor Mike Johnston defended the ban, asserting that it has been effective for 37 years in protecting lives and aligning with community values. Meanwhile, Councilwoman Selina Gonzalez Gutierrez echoed concerns that the Trump administration is undermining critical protections, emphasizing that assault weapons are built with the intent to kill.

In a formal lawsuit, the Justice Department aims to defend the rights of Denver residents, arguing the ban infringes on their Second Amendment rights. Acting Attorney General Todd Blanche pointedly stated that the Constitution should not be viewed as optional, asserting the right to bear arms is fundamental.

Referring to a U.S. Supreme Court ruling, the complaint asserts that the ordinance is presumed unconstitutional, as it restricts firearms commonly owned by law-abiding citizens today. Additionally, the government highlighted statistics showing that in 2019, rifles accounted for a small fraction of homicides compared to handguns.

Assistant Attorney General Harmeet Dhillon emphasized that law-abiding citizens, regardless of where they live, should not face criminal penalties for exercising their right to own commonly held weapons.