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DOJ sues Denver over assault weapons ordinance, alleging Second Amendment violation

“Denver’s ban on commonly owned semi-automatic rifles directly violates the right to bear arms,” acting Attorney General Todd Blanche stated

DOJ

The seal of the Dept of Justice is shown on the podium before Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Tuesday, Aug. 1, 2023, at an office of the Department of Justice in Washington. (AP Photo/J. Scott Applewhite)

J. Scott Applewhite/AP

By Matthew Brown
Associated Press

DENVER — The Trump administration sued Denver and its police department on Tuesday seeking to strike down an assault weapons ban that has been in place for Colorado’s largest city since 1989.

The lawsuit came a day after Denver officials publicly rejected calls by the Department of Justice to repeal the longstanding city ordinance that makes it a crime to possess assault weapons.

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Trump administration officials allege the ban violates the Constitution’s Second Amendment right to bear arms.

“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.”

Department of Justice attorneys asked the city last week to stop enforcing the ban and enter into negotiations with federal officials to resolve the matter. But Denver’s mayor and police chief during a Monday news conference forcefully rejected the Trump administration’s request.

“Our answer is hell no,” Mayor Mike 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.”

The assault weapons ban was enacted during a period of heightened concern over gun violence in Denver. It preceded several notorious mass shootings in Colorado — the 1999 Columbine High School massacre that killed 14 people, the 2012 killing of 12 people inside an Aurora movie theater, and the 2021 killing of 10 people at a supermarket in Boulder.

Federal officials said in their lawsuit that Denver’s ban includes AR-15-style rifles that are owned by at least 16 million people in the U.S.

“They use those ordinary semiautomatic rifles for a variety of lawful purposes, including but not limited to self-defense,” government attorneys wrote.

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