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'The Constitution Is Not a Suggestion': DOJ Takes Aim at Denver's Assault Rifle Ban

'The Constitution Is Not a Suggestion': DOJ Takes Aim at Denver's Assault Rifle Ban
AP Photo/Jae C. Hong

This week, the Justice Department filed suit against the City of Denver, Colorado, alleging that the city unconstitutionally bans certain constitutionally protected semi-automatic rifles. 

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These laws unconstitutionally infringe on the Second Amendment rights of law-abiding citizens to keep and bear arms for lawful purposes, according to the lawsuit. 

As the complaint explains, the City enforces an ordinance that makes it a crime to possess so-called “assault weapons.” But the City’s ban includes AR-15-style rifles, which are the most popular in America.

Law-abiding Americans own tens of millions of rifles like those banned by the City.  

“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “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.”


 Complaint for Relief - Us v City of Denver Colorado 0  by  scott.mcclallen 


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.

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The city banned "assault weapons" even though many Americans already own them. 

“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. “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.”

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The lawsuit says that the city rule tramples the rights of law-abiding citizens. 

"When the City banned AR-15 style rifles with standard capacity magazines, it banned an arm in common use for lawful purposes by law-abiding citizens," the lawsuit said. "Therefore, the Ordinance violates the Second Amendment, and the United States brings this action to vindicate the rights of Denver citizens whose rights have been—and are continuing to be—violated by Defendants."

The Civil Rights Division’s Second Amendment Section enforces the Second Amendment. If you believe your right to keep and bear arms is being infringed, please submit a complaint through justice.gov/crt/second-amendment-section.

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