Just one day after suing the city of Denver for its decades-old ban on AR-15s, the DOJ’s Civil Rights Division, led by AAG Harmeet Dhillon, launched a lawsuit against the State of Colorado over its magazine ban, calling it “political virtue signaling.”
The DOJ’s pro-Second Amendment lawsuits are notable for their brevity, and this one is no different. The 12-page complaint was filed in the United States District Court for the District of Colorado.
The suit challenges the state’s ban on “large capacity magazines” which it generally defines as any ammunition feeding device that can hold more than 15 rounds of ammunition, far below the capacity of most standard magazines that come from the manufacturer.
Definitions for both “assault weapons” and “high capacity magazines” vary widely from state to state, making defense of such measures likely more difficult than if they shared a unified definition.
In a public statement issued by the DOJ, Ms. Dhillon said:
Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms. Under my direction, the Division’s Second Amendment Section will continue to defend law-abiding Americans’ rights against unconstitutional restrictions on their right to possess arms which are owned by tens of millions of their fellow citizens.
The complaint applies the Bruen standard of review, and asserts that magazines are both arms and in common use. It also notes that Colorado state law enforcement has routinely enforced the magazine ban, making it non-trivial.
The DOJ is seeking declaratory judgement on the issue from the court.
The DOJ has its eye on other states with similar laws, and has submitted an amicus brief in New Jersey’s “assault weapons” and “high capacity” mag ban case, ANJRPC v. Platkin.
