A national gun-rights group has dragged Denver into federal court, filing a lawsuit on June 30 that targets the city’s ordinance criminalizing possession of so-called "assault weapons" and challenges both city and state limits on magazine capacity. The case, Elliott v. Denver, landed in the U.S. District Court in Denver the same day the U.S. Supreme Court agreed to hear a separate challenge to AR-style bans, a bit of timing that could turn a local fight into a much bigger showdown.
The suit was brought by the Firearms Policy Coalition and joined by the Colorado State Shooting Association, with several individual FPC members also listed as plaintiffs. They are represented by David H. Thompson, Peter Patterson, and William V. Bergstrom of Cooper & Kirk, PLLC. In a press release from Firearms Policy Coalition, the group framed the filing as part of its broader national strategy to roll back what it views as unconstitutional gun bans, noting the complaint hit the federal docket on June 30.
Supreme Court Case Turns Up Heat On Colorado Fight
On June 30, the U.S. Supreme Court agreed to hear Viramontes v. Cook County and consolidated it with Grant v. Higgins, setting aside one hour for oral argument. The grants were quickly flagged as having potentially sweeping implications for local assault-weapon bans and related lawsuits, according to AP. The court’s order in those cases is posted on the Supreme Court website.
For Denver, that means its ordinance is now under federal scrutiny at the same time the nation’s highest court is weighing how far local governments can go in restricting popular semiautomatic rifles.
What The Lawsuit Is Trying To Knock Down
The complaint goes after Denver’s ordinance that makes it a crime to possess certain semiautomatic rifles, asking the court to invalidate both the city’s ban and Colorado’s prohibition on magazines that hold more than 15 rounds. State law already outlaws the sale, transfer, or possession of large-capacity magazines under C.R.S. § 18-12-302, as outlined by the Colorado Bureau of Investigation.
If the plaintiffs win, both Denver’s assault-weapon rules and the statewide magazine cap could be on the chopping block, with ripple effects for other cities watching closely.
Local Pushback, Federal Pressure
The new filing joins a growing stack of challenges to gun restrictions in Colorado and across the country. Earlier in May, the federal government jumped into the fray as the Department of Justice filed its own lawsuit against Denver, arguing the city’s ordinance "bans many weapons, including AR-15-style semiautomatic rifles" and claiming the measure conflicts with existing Supreme Court precedent, according to the Justice Department.
FPC President Brandon Combs has called Elliott v. Denver "a critical step in our nationwide campaign," while Kolby Zipperer of CSSA argued that the city’s and state’s magazine rules "don't make anyone safer." Both comments were included in the announcement from Firearms Policy Coalition.
What Comes Next In Denver’s Gun Fight
The case is now pending in the U.S. District Court for the District of Colorado, where filings and scheduling orders will be posted to the federal docket, as outlined by the U.S. District Court for the District of Colorado. With the Supreme Court simultaneously taking up a related dispute, lawyers on both sides, along with city and state officials, say they are preparing for months of motions, hearings, and likely appeals before anyone gets a final answer on Denver’s rules.
In other words, the city’s gun laws are not changing overnight, but the legal battle over them is just getting started.
