DOJ sues Denver over ban on certain firearms

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Governor outlaws guns in public in Albuquerque

The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings.

On Tuesday, the U.S. Department of Justice filed a lawsuit against the city of Denver, alleging that the city unconstitutionally bans certain constitutionally protected semi-automatic rifles. 

DOJ sues Denver over ban on certain firearms

Big picture view:

According to the DOJ, the city’s laws unconstitutionally infringe on the Second Amendment rights of law-abiding citizens to keep and bear arms in common use for lawful purposes.

 Assault-style rifles are displayed at Freddie Bear Sports on January 11, 2023 in Tinley Park, Illinois. (Credit: Scott Olson/Getty Images)

In the complaint, the federal agency said the city "enforces an ordinance that makes it a crime to possess so-called ‘assault weapons.’ But that the city’s ban includes AR-15-style rifles, which are the most popular rifles in America. Law-abiding Americans own tens of millions of rifles like those banned by the city." 

What they're saying:

"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. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide."

Assistant Attorney General Harmeet Dhillon of the Justice Department's Civil Rights Division said she has directed her department to challenge the cases. 

"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," Dhillon stated. 

The other side:

Denver City Attorney Miko Brown, in a formal response sent to the DOJ on Monday, called the request to repeal the ban "baseless, irresponsible, and a clear overreach of the federal government’s power."

"Please rest assured that the City will vigorously defend its Ordinance if challenged. We remain steadfast in our commitment to protecting our community from needless gun violence and weapons of war on our streets while also supporting responsible gun ownership," Brown said.

Supreme Court ruling

The backstory:

In 2008, the U.S. Supreme Court, in its landmark decision District of Columbia v. Heller, held that the Second Amendment protects the right of law-abiding citizens to possess weapons that are in common use for lawful purposes.

This is a developing story. Please check back for updates.

The Source: The information for this story was provided by the Department of Justice. This story was reported from Los Angeles.

Crime and Public SafetyU.S.PoliticsColoradoGun Laws