Denver moves to dismiss Trump challenge to ‘assault-style’ weapons ban
Denver has filed a motion to dismiss a lawsuit brought by the Trump administration challenging the city’s ban on “assault-style” weapons and magazines exceeding a 15-round capacity.
The U.S. Department of Justice filed a suit in federal court in May, alleging that Denver’s longstanding prohibition on “assault-style” weapons unconstitutionally bans certain constitutionally protected semiautomatic rifles and infringes on the “Second Amendment rights of law-abiding citizens to keep and bear arms in common use for lawful purposes.”
In the motion filed Monday, the city argues that the DOJ has no standing and cites the wrong federal statute.
“The federal government doesn’t get to cherry-pick which policies it likes and which it doesn’t,” Denver City Attorney Miko Brown said. “The Trump administration is trying to use the courts to overreach its authority and interfere with Denver’s ability to protect the safety of our residents. We ask the court to reject this attempt and allow Denver to continue keeping our communities safe.”
“Our answer is hell no,” Johnston said in response to the suit against the city by the DOJ.
Denver’s ordinance, originally passed in 1989, restricts the possession and sale of guns with magazines capable of carrying more than 15 rounds.
In July, an additional lawsuit was filed in federal court by three Denver residents and two gun rights groups that also seeks to strike down the city’s “assault weapon” restrictions, along with bans on ammunition magazines holding 15 rounds or more.
The complaint, filed on June 30 by Ray Elliott, Trevor Alley and Michael Vitco, along with the Firearms Policy Coalition and the Colorado State Shooting Association, an arm of the National Rifle Association, alleges Denver’s semiautomatic firearm ban is unconstitutional, as is its ban on 15-round or larger magazines.
Naming the city government, Gov. Jared Polis, Attorney General Phil Weiser, Colorado Bureau of Investigation Director Armando Saldate III, Colorado State Patrol Chief Col. Matthew Packard and Denver District Attorney John Walsh, the complaint seeks a permanent injunction under federal rules requiring the city to end its “unconstitutional” practices, implement reforms and prevent future constitutional violations.
“Denverites deserve to feel as safe shopping for groceries or taking their kids to school as they do in their own homes,” Johnston said in a statement. “This law has helped protect our community for 37 years, and we will fight like hell to keep it in place and keep these dangerous weapons off our streets.”

