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DOJ Sues Denver Over Semi-Auto Weapons Ban, Citing 2nd Amendment

The Department of Justice (DOJ) has sued the city of Denver, arguing that its decades-old ban on semi-automatic weapons violates the Second Amendment. The lawsuit seeks to halt the enforcement of the ban, which restricts magazines over 15 rounds. The DOJ has indicated plans to challenge similar gun control policies in other state and local jurisdictions nationwide. Conversely, Denver city leaders have strongly refuted the claims, asserting the ban is a necessary and effective measure for public safety. They characterized the federal lawsuit as an overreach of power.

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DOJ Sues Denver Over Semi-Auto Weapons Ban, Citing 2nd Amendment

The U.S. Department of Justice (DOJ) filed a lawsuit against the city of Denver, alleging that the city's long-standing ban on semi-automatic weapons violates the Second Amendment to the U.S. Constitution.

Details of the Lawsuit

The civil lawsuit, filed on Tuesday, targets Denver's ordinance, which has been in effect for nearly four decades. Key aspects of the ban include:

  • Restrictions on firearms equipped with magazines exceeding 15 rounds.
  • Prohibitions covering weapons modified to exceed this magazine capacity.

The DOJ is asking a judge to issue an injunction, compelling the city and its police department to cease enforcing the weapons ban and to implement corrective measures for alleged rights violations.

DOJ's Legal Stance on Gun Control

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Harmeet Dhillon, head of the DOJ's Civil Rights Division, stated that the lawsuit asserts that law-abiding citizens should not face criminal sanctions for exercising their Second Amendment right to own arms.

Furthermore, the DOJ has signaled its intent to challenge similar policies nationwide:

  • The department has established a dedicated Second Amendment Section to manage future litigation.
  • The DOJ has previously filed lawsuits against other jurisdictions, including Washington, D.C., regarding restrictions on AR-15-style weapons, and against the Virgin Islands Police Department over permitting delays.

Denver's Rebuttal and Defense

City leaders in Denver have strongly rejected the DOJ's claims. They argue that the ban is necessary and has been effective in reducing violent crime rates.

  • City Attorney Miko Brown dismissed the DOJ's request as "baseless, irresponsible, and a clear overreach of the federal government’s power."
  • Brown noted that reversing the ban would mean bringing assault weapons back into the city, a measure they argue is unwarranted after 37 years of success.

The DOJ had previously warned Denver of potential litigation in late April, suggesting the city could avoid a lawsuit by agreeing to cease enforcement and acknowledge the ban's unconstitutionality. Denver officials rejected this proposal.

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