U.S. sues Denver over 1989 assault weapons ban

May 6, 2026

Summary

The Trump administration sued Denver over its 1989 assault weapons ban after city officials refused to repeal it.

Why this matters

The lawsuit could test the limits of local gun restrictions under the Second Amendment and affect similar laws in Colorado. It also signals a broader federal challenge to state and local firearms regulations.

The Trump administration sued Denver and its police department Tuesday, seeking to overturn the city’s 1989 assault weapons ban.

The administration said the ban violated the Second Amendment. It also has threatened to sue Colorado over its statewide ban on large-capacity ammunition magazines, adopted after the 2012 Aurora movie theater shooting.

“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” acting Attorney General Todd Blanche said in a statement. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms.”

Justice Department lawyers had asked Denver last week to stop enforcing the ban and negotiate with federal officials. At a Monday news conference, Mayor Mike Johnston and Police Chief Ron Thomas said the city would not comply.

“Our answer is hell no,” Johnston said. “No, we will not roll back a common sense policy that has kept weapons of war off of these city streets for 37 years. No, we will not put first responders at greater risk every time they respond to a dangerous incident No, we will not go back to a time when folks are worried about walking into movie theaters or grocery stores or public elementary schools.”

Denver adopted the ban amid concern over gun violence. Since then, Colorado has had several mass shootings, including the 1999 Columbine High School attack that killed 14 people, the 2012 Aurora theater shooting that killed 12 and injured 70, the 2021 Boulder supermarket shooting that killed 10, and the 2022 attack at an LGBTQ nightclub in Colorado Springs that killed five.

Thomas said he joined the department the year the ban was adopted and that it had helped address gun violence. Of 2,100 guns recovered in Denver last year, fewer than 2% were assault-style weapons, he said.

In the lawsuit, federal officials said Denver’s ban covered AR-15-style rifles owned by at least 16 million people nationwide. Government lawyers described them as “ordinary semiautomatic rifles” used for lawful purposes, “including but not limited to self-defense.”

In an April 28 letter to state officials, the Justice Department said Colorado’s large-capacity magazine ban was unconstitutional and threatened legal action unless the state stopped enforcing it. Colorado Attorney General Phil Weiser responded that such firearms posed a major public safety threat and said the ban was reasonable.

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County Council passed an ordinance Feb. 23 authorizing the purchase. Chairperson Alice Howard said Thursday the county was waiting to close on the sale.

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