The U.S. Department of Justice sued the state of Colorado on Wednesday, May 6, asking a federal judge to strike down the state’s 2013 ban on magazines that hold more than 15 rounds. The law makes it a crime to sell, transfer, or possess those magazines, and the federal complaint argues that the restriction violates the Second Amendment because magazines with more than 15 rounds are standard equipment for many popular firearms.
What DOJ Says
The lawsuit, filed by the Civil Rights Division’s Second Amendment Section in the U.S. District Court for the District of Colorado, zeroes in on the statute’s use of the term “large-capacity.” Federal lawyers say that the label miscasts what they describe as ordinary firearm accessories. “Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms,” Assistant Attorney General Harmeet K. Dhillon said in a press release from the Department of Justice.
Inside The Complaint
The government’s court filing leans on industry data, including a report from the National Shooting Sports Foundation. It states that there are at least 448 million magazines in the United States that hold more than 15 rounds. The complaint asks the court for a declaration that Colorado’s law is unconstitutional and a permanent injunction barring Colorado and its law-enforcement agencies from enforcing the ban, according to the Department of Justice.
Colorado Officials Push Back
Colorado leaders quickly pushed back. Attorney General Phil Weiser defended the 2013 statute as a “common-sense” measure and argued that limiting magazine size reduces the harms caused by mass shootings, as reported by the Associated Press. Denver officials have also publicly rejected the Justice Department’s call to roll back local restrictions, according to Colorado Newsline.
Legal Stakes
The case will play out under the U.S. Supreme Court’s Bruen framework, which requires the government to show that modern firearm regulations are consistent with the nation’s historical tradition of gun regulation. The standard was set in the case New York State Rifle & Pistol Ass'n v. Bruen, according to Justia. That test, combined with the fact that Colorado’s high court upheld the magazine limit in 2020, sets the stage for a layered legal fight over history, public-safety evidence, and precedent, as noted by Denver7.
What Happens Next
The district court will set a briefing schedule and decide whether to grant any request for preliminary relief. Both sides are expected to push for early rulings while also preparing for a full hearing on the merits. Whichever side loses at the trial level is likely to appeal to the 10th U.S. Circuit Court of Appeals, and the dispute could ultimately land at the U.S. Supreme Court, given its recent Second Amendment rulings.
