DOJ sues Colorado over high-capacity magazine ban
Mackenzie Stafford
COLORADO SPRINGS, Colo. (KRDO) — On Wednesday, the U.S. Department of Justice (DOJ) filed a lawsuit against the State of Colorado and the Colorado Department of Public Safety. The federal government alleges Colorado’s statute banning certain-capacity firearm magazines is unconstitutional, infringing on Second Amendment rights in violation of federal law.
The lawsuit challenges Colorado Revised Statute §18-12-302, which makes it a crime to sell, transfer or possess magazines capable of holding more than 15 rounds of ammunition. The Justice Department argues that these are mischaracterized as “large-capacity magazines” because they are standard for many popular firearms, including AR-15-style rifles.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division stated the lawsuit is necessary to protect constitutional rights.
“Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms,” Dhillon said.
She added that the Division’s Second Amendment Section will continue to defend law-abiding Americans’ rights against unconstitutional restrictions on commonly owned arms.
Jeremy Manson, general manager at Spartan Defense, said he was glad to see the lawsuit.
“It’s about time. I don’t think that restricting magazines does anybody any good. I think it only hurts law-abiding citizens,” shared Manson.
Manson demonstrated the ease of quickly changing a 15-round magazine in a firearm and noted that a person could carry a dozen such magazines.
Manson explained the practical challenges the ban creates for his business, including 3D printing blockers for magazines that exceed the legal limit.
“There are some customers, from July last year, who still don’t have their magazines, because we haven’t been able to figure out how to make that blocker work in that particular magazine,” Manson said.
He believes the law was enacted by individuals who do not understand firearms. He added that firearms are only a tool and that people are the ones who need to use them responsibly.
Ashtin Gamblin, a victim advocate and Club Q survivor, acknowledged the lawsuit but expressed skepticism about its intent.
“It’s not surprising. I probably should have seen that coming,” Gamblin said, wondering if it was “just poking at our government as a state.”
Gamblin believes there should be a balance between Second Amendment rights and public safety.
“I understand everybody’s Second Amendment right, but I also understand it’s my right to live in this country and actually live in this country, not end up dead,” Gamblin continued, “My right to life isn’t stronger than anybody’s right to own a gun. It’s an equal right. But we have to balance how to do that appropriately.”
Gamblin called for open communication to find common ground on gun laws, suggesting psychological background checks or hands-on training as potential solutions.
“I think the start to a common ground here is we’re going to have to move forward together and actually have open some communication lines without it just being an attack,” Gamblin said.
The Colorado State Patrol and Colorado Bureau of Investigation, divisions of the Colorado Department of Public Safety, are responsible for enforcing the magazine ban. These law enforcement officers have routinely enforced the ban since 2013 and will continue to do so unless enjoined by the court, according to the lawsuit.
The United States DOJ is requesting the court to issue a declaratory judgment that the State of Colorado and the Colorado Department of Public Safety are violating federal law by enforcing the magazine ban. The Justice Department is also seeking permanent injunctive relief to prohibit the defendants and their agents from enforcing the ban and to mandate the adoption of policies and procedures to remedy the alleged unconstitutional conduct, according to the legal filing.
FIREARM LAWS COVERAGE: Governor Polis signs bill to restrict semiautomatic weapons, SB25-003 now law