The DOJ's new effort to overturn Denver, Colorado's ban on so-called assault weapons has received a warm welcome from Second Amendment organizations and advocates, who see the challenge as a welcome opportunity to create a circuit court split on the constitutionality of such bans... and maybe give the Supreme Court a nudge to take up the issue sooner rather than later.
In a statement, NRA-ILA Executive Director John Commerford declared the move is "exactly what gun owners voted for."
The Trump administration has been relentless in defending the Second Amendment, and today’s lawsuit against Denver’s unconstitutional AR-15 ban is another powerful example. It’s long past time that progressive politicians are held accountable for trampling the God-given rights of law-abiding citizens, and Acting Attorney General Todd Blanche is doing precisely that.”
Blanche does seem to be giving the Second Amendment more attention than his predecessor, but Assistant AG Harmeet Dhillon deserves kudos as well.
🚨BREAKING🚨 ⁰⁰@TheJusticeDept’s @CivilRights division just sued the City of Denver for its unconstitutional ban on commonly owned firearms like AR-15s. ⁰⁰This is awesome! Well done @AAGDhillon. 🇺🇸 https://t.co/xQQzDNDPAw
— Gun Owners of America (@GunOwners) May 5, 2026
Dhillon hasn't just been aggressively looking for opportunities to litigate. She's also brought on seasoned 2A attorney Barry Arrington, who's now serving as the acting chief of the Second Amendment Section of the DOJ's Civil Rights Division.
🚨IMMEDIATE LEGAL ACTION🚨
— Rocky Mountain Gun Owners (@RMGOColorado) May 6, 2026
Former RMGO Chief Legal Counsel, Now at DOJ, Leads Fight Against Denver's Gun Ban
Denver's mayor rejected the DOJ's cease-and-desist letter...
...so Chief of DOJ's Second Amendment Section, Barry Arrington, filed to END Denver's 37 year old Assault… https://t.co/yOXz9pQ5xY pic.twitter.com/9qKIZZSLU1
Having someone with Arrington's experience in 2A legal fights will be invaluable to the Second Amendment Section going forward.
If you spend much time on social media, you've probably noticed that some gun owners don't seem to be all that impressed with the news. At the very least, there's been some folks wondering why the DOJ hasn't sued over similar bans in states like California, Maryland, New York, or New Jersey. Second Amendment Foundation Director of Legal Research and Education Kostas Moros offered an explanation that, like it or not, makes a lot of sense.
Seeing a lot of "why hasn't DOJ sued my state which has an AWB/mag ban!?".
— Kostas Moros (@MorosKostas) May 5, 2026
Because it would probably be pointless as there is already controlling caselaw in that circuit. There's two reasons a lawsuit of that kind makes sense:
1. There is no controlling AWB precedent in that…
There's two reasons a lawsuit of that kind makes sense:
1. There is no controlling AWB precedent in that circuit, or no case way ahead of it on the same issue that awaits a ruling. The Denver lawsuit falls into this category, as the 10th Circuit has yet to definitively rule on the issue post-Bruen.
2. There is controlling precedent, but no case is pending at SCOTUS right now from that circuit. Virginia in the 4th Circuit would fit this category. After Snope was denied last year, there is no 4th Circuit case waiting on a cert decision that I am aware of, so DOJ could quickly lose its way up to SCOTUS without getting stayed to await some other case.
If DOJ filed a lawsuit against, e.g., the Washington State assault weapons ban, it would get immediately stayed pending Miller (which is awaiting a ruling in the Ninth Circuit) or pending a cert decision in Duncan. It would be pointless.
Hope that helps.
Kostas's second point is something I hadn't really considered. We do have pending challenges to Cook County, Illinois' "assault weapons" ban, as well as the AWB in Connecticut, so that takes the Seventh and Second Circuits off the table, as well as the Ninth Circuit. Given the Fourth Circuit's prior decision upholding Maryland's ban in Snope and the lack of any similar case from the Fourth Circuit pending before the Supreme Court, DOJ's challenge to Virginia's gun ban could get fast-tracked once its filed after the ban takes effect on July 1.
The Tenth Circuit, meanwhile, has yet to address the issue of bans on commonly-owned arms, so DOJ's lawsuit against Denver is a live issue. And since the appellate court recently struck down New Mexico's waiting period law, there is reason to be optimistic that it will do the same when Denver's gun ban ordinance reaches the appellate stage.
Would most of us like to see the DOJ drop its defense of the NFA? Of course. There's always room for improvement, but that doesn't mean we should ignore the positive steps the Justice Department is taking to slap down state and local gun control laws and the sea change in the DOJ's treatment of the Second Amendment compared to the previous administration.
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