Denver Leaders Reject Justice Department's Demand That City Repeal 'Assault Weapons' Ban

Authored by Michael Clements via The Epoch Times,

Denver is refusing to repeal its 37-year-old ban on certain types of firearms known as “assault weapons.”

Harmeet Dhillon, assistant attorney general for the Justice Department’s Civil Rights Division, sent a demand letter on April 28 to Denver Mayor Mike Johnston and City Attorney Miko Brown, requesting the city repeal the ordinance, which has been in place since 1989.

In a May 4 response letter, Brown stated that the ordinance has withstood legal challenges, kept violent crime low, and was democratically enacted.

Brown wrote that while Denver may consider various strategies to keep citizens safe, “Reversing a common-sense ban that has worked for 37 years and bringing assault weapons back into the City’s neighborhoods is not one of them.”

Johnston reiterated that sentiment in a statement released that same day.

“Denver’s law has stood for 37 years because it works, it saves lives, and it reflects the values of our community. No demand or lawsuit from Washington is going to change that,” Johnston said.

The ordinance—Denver Revised Municipal Code Section 38-121(c)—prohibits carrying, storing, keeping, manufacturing, selling, or possessing an assault weapon.

Denver Mayor Mike Johnston testifies before the Committee on Oversight and Government Reform on Capitol Hill on March 5, 2025. Madalina Vasiliu/The Epoch Times

The ordinance defines an assault weapon as “any semiautomatic pistol or centerfire rifle, either of which have a fixed or detachable magazine with a capacity of more than fifteen (15) rounds, and any semiautomatic shotgun with a folding stock or a magazine capacity of more than six (6) rounds or both.”

The definition includes firearms that have been modified to have these features to function as an assault weapon.

Dhillon wrote that the U.S. Supreme Court held in D.C. v. Heller that the Second Amendment secures “the right of law-abiding citizens to keep and bear arms for self-defense.”

She goes on to state that arms in common use may not be categorically banned.

Dhillon stated that the definition includes AR-15-style rifles, which are owned by “literally tens of millions” of people.

“The city has banned an arm in common use for lawful purposes by law-abiding citizens. Therefore, the Ordinance violates the Second Amendment,” Dhillon’s letter states.

Dhillon set a deadline of May 5 for the city to enter negotiations to repeal the ban. To avoid a lawsuit, the city would have to cease enforcing the ordinance, acknowledge the law is unconstitutional, and enter a consent decree to prevent enforcement of the ordinance.

“This ordinance has helped keep Denver safe for decades. Repealing it would put my officers and our residents at greater risk and violate our duty to protect and serve,” Denver Police Chief Ron Thomas was quoted as saying.