Topline: Federal officials say the city’s prohibition on commonly owned firearms runs afoul of the Second Amendment and Supreme Court precedent.
Published: May 6, 2026 8:00 am ET
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DENVER, CO — The U.S. Department of Justice on Monday filed a lawsuit against the City of Denver, alleging that the city’s ban on certain semi-automatic firearms violates the constitutional rights of residents under the Second Amendment.
According to the Justice Department’s complaint, Denver enforces a local ordinance that criminalizes possession of so-called “assault weapons,” including AR-15-style rifles. Federal officials argue that such firearms are among the most commonly owned rifles in the United States, with tens of millions in circulation among law-abiding citizens for lawful purposes.
“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.”
The lawsuit contends that Denver’s ordinance runs afoul of longstanding constitutional protections, particularly as interpreted by the U.S. Supreme Court in its 2008 ruling in District of Columbia v. Heller. In that decision, the court held that the Second Amendment safeguards the right of law-abiding individuals to possess weapons “in common use” for lawful purposes.
Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department’s Civil Rights Division, said the agency has been directed to challenge laws it believes infringe on those protections.
“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” Dhillon said. “Law-abiding Americans, regardless of what city or state they reside in, should not have to live under threat of criminal sanction just for exercising their Second Amendment right to possess arms which are owned by tens of millions of their fellow citizens.”
The Justice Department said its Civil Rights Division, through a newly established Second Amendment Section, will continue to enforce constitutional protections related to gun ownership and is encouraging individuals who believe their rights have been violated to file complaints through its official channels.
City officials in Denver have not yet publicly responded to the lawsuit.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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DOJ Sues City of Denver Over ‘Unconstitutional’ Weapons Bans
Federal officials say the city’s prohibition on commonly owned firearms runs afoul of the Second Amendment and Supreme Court precedent.
By Jacob Charles
Published: May 6, 2026 8:00 am ET
DENVER, CO — The U.S. Department of Justice on Monday filed a lawsuit against the City of Denver, alleging that the city’s ban on certain semi-automatic firearms violates the constitutional rights of residents under the Second Amendment.
According to the Justice Department’s complaint, Denver enforces a local ordinance that criminalizes possession of so-called “assault weapons,” including AR-15-style rifles. Federal officials argue that such firearms are among the most commonly owned rifles in the United States, with tens of millions in circulation among law-abiding citizens for lawful purposes.
“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.”
The lawsuit contends that Denver’s ordinance runs afoul of longstanding constitutional protections, particularly as interpreted by the U.S. Supreme Court in its 2008 ruling in District of Columbia v. Heller. In that decision, the court held that the Second Amendment safeguards the right of law-abiding individuals to possess weapons “in common use” for lawful purposes.
Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department’s Civil Rights Division, said the agency has been directed to challenge laws it believes infringe on those protections.
“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” Dhillon said. “Law-abiding Americans, regardless of what city or state they reside in, should not have to live under threat of criminal sanction just for exercising their Second Amendment right to possess arms which are owned by tens of millions of their fellow citizens.”
The Justice Department said its Civil Rights Division, through a newly established Second Amendment Section, will continue to enforce constitutional protections related to gun ownership and is encouraging individuals who believe their rights have been violated to file complaints through its official channels.
City officials in Denver have not yet publicly responded to the lawsuit.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Editor Picks
Latest Articles
DOJ Sues City of Denver Over ‘Unconstitutional’ Weapons Bans
Federal officials say the city’s prohibition on commonly owned firearms runs afoul of the Second Amendment and Supreme Court precedent.
By Jacob Charles
Published: May 6, 2026 8:00 am ET
DENVER, CO — The U.S. Department of Justice on Monday filed a lawsuit against the City of Denver, alleging that the city’s ban on certain semi-automatic firearms violates the constitutional rights of residents under the Second Amendment.
According to the Justice Department’s complaint, Denver enforces a local ordinance that criminalizes possession of so-called “assault weapons,” including AR-15-style rifles. Federal officials argue that such firearms are among the most commonly owned rifles in the United States, with tens of millions in circulation among law-abiding citizens for lawful purposes.
“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide.”
The lawsuit contends that Denver’s ordinance runs afoul of longstanding constitutional protections, particularly as interpreted by the U.S. Supreme Court in its 2008 ruling in District of Columbia v. Heller. In that decision, the court held that the Second Amendment safeguards the right of law-abiding individuals to possess weapons “in common use” for lawful purposes.
Assistant Attorney General Harmeet K. Dhillon, who leads the Justice Department’s Civil Rights Division, said the agency has been directed to challenge laws it believes infringe on those protections.
“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” Dhillon said. “Law-abiding Americans, regardless of what city or state they reside in, should not have to live under threat of criminal sanction just for exercising their Second Amendment right to possess arms which are owned by tens of millions of their fellow citizens.”
The Justice Department said its Civil Rights Division, through a newly established Second Amendment Section, will continue to enforce constitutional protections related to gun ownership and is encouraging individuals who believe their rights have been violated to file complaints through its official channels.
City officials in Denver have not yet publicly responded to the lawsuit.
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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