Estimated reading time: 3 minutes
The Department of Justice just picked a HUGE fight with Denver.
In a newly filed lawsuit, the DOJ is challenging the city’s long-standing ban on so-called “assault weapons,” arguing it violates the Second Amendment by prohibiting firearms that are in common use: specifically AR-15-style rifles.
They’re not being subtle about it.
“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche.
At the center of the case is Denver’s ordinance that makes it a crime to possess certain semi-automatic rifles. According to the DOJ, that includes AR-15-style firearms. By far the most popular rifle platform in America, with tens of millions in circulation.
That “common use” standard matters.
The DOJ is leaning heavily on District of Columbia v. Heller, the 2008 Supreme Court decision that held the Second Amendment protects firearms “in common use for lawful purposes.”
Their argument is simple: you can’t ban what Americans widely own and lawfully use.
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DOJ Draws a Line
The lawsuit comes out of the DOJ’s Civil Rights Division, which now includes a dedicated Second Amendment enforcement section.
Assistant Attorney General Harmeet Dhillon made the mission clear:
“Law-abiding Americans… should not have to live under threat of criminal sanction just for exercising their Second Amendment right.”
Before filing suit, the DOJ gave Denver an off-ramp: drop enforcement, acknowledge the law is unconstitutional, and avoid litigation.
Denver declined.
Instead, city officials fired back, calling the DOJ’s position “baseless” and defending the ban as a public safety measure that has been in place for decades.
That sets up a direct constitutional clash.
Washington Gun Law: “Exactly What We Hoped For”
Washington Gun Law President William Kirk didn’t hold back on what this means.
“This is the exact thing we had hoped for,” Kirk said, pointing to a DOJ now actively working to not just defend—but expand—Second Amendment protections.
Kirk walked through the legal backbone of the DOJ’s argument, noting that Denver’s ordinance criminalizes possession of AR-15-style rifles: firearms owned by “tens of millions” of Americans and used for lawful purposes every day.
In his view, that makes the constitutional issue straightforward.
“The city has banned an arm in common use… therefore, the ordinance violates the Second Amendment.”
Denver, however, is leaning on favorable rulings from multiple federal circuits that have upheld similar bans, at least for now.
What Happens Next
This case is shaping up to be more than just a local dispute.
It’s a test case.
- Can cities continue enforcing “assault weapons” bans post-Bruen?
- Does “common use” finally get a hard line from the courts?
- And is the DOJ now fully committed to taking these fights nationwide?
Denver has already signaled it won’t back down. That likely means this case is headed for a prolonged legal battle and potentially another major Second Amendment ruling.
Final Take
For years, most of these fights were left to private groups and state-level challenges. Now the federal government is stepping in directly. That changes the game.
Whether this ends in a district court or makes its way toward the Supreme Court, one thing is clear: The fight over so-called “assault weapons” bans just escalated: fast.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
Experience:
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– Concealed Carry Permit Holder (NYS & AZ) – Trained and licensed to carry in multiple states.
– 2A Journalist – Covering firearms legislation, Second Amendment issues, and gun rights for over a decade.
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what is this in common use crap??? either we have a 2A or we don’t, the latter would go against the constitution! any gun anywhere anytime is the original intent no add-ons no loopholes no what ifs!!!