The Department of Justice under President Trump escalated its legal battle over gun rights Wednesday, filing a lawsuit against Colorado for prohibiting magazines that hold more than 15 rounds. The complaint argues the state law infringes on the Second Amendment and uses what the DOJ calls "politically charged rhetoric" by describing such magazines as "large capacity."
Colorado's statute makes it a misdemeanor to possess or sell any magazine with a capacity exceeding 15 rounds. The DOJ countered that these are "bearable arms" protected by the plain text of the Second Amendment. "The Magazine Ban bans bearable arms," the complaint states. "Therefore, the Magazine Ban implicates the plain text of the Second Amendment."
Assistant Attorney General Harmeet K. Dhillon, who leads the Civil Rights Division, framed the lawsuit as a defense of constitutional rights against political symbolism. "Colorado's ban on certain magazines is political virtue signaling at the expense of Americans' constitutional right to keep and bear arms," she said in a statement.
Colorado Attorney General Phil Weiser, a Democrat currently running for governor, fired back, calling the lawsuit a "dangerous overreach" that undermines the mission of the Civil Rights Division. In a statement, Weiser argued that the magazine restrictions are "responsible policies" that satisfy Second Amendment protections while reducing mass shooting casualties and saving lives. "The state has a duty to protect Colorado residents from gun violence, and I will vigorously defend our state large-capacity magazine limit law from this attack by the Trump Justice Department," he wrote.
Weiser won the state's Democratic gubernatorial primary in March, adding a political dimension to the legal showdown. The lawsuit comes amid a broader push by the Trump administration to challenge state and local gun restrictions, including a similar complaint filed Tuesday against Denver over its long-standing ban on semiautomatic rifles.
In that case, acting Attorney General Todd Blanche declared, "The Constitution is not a suggestion and the Second Amendment is not a second-class right." He added, "Denver's ban on commonly owned semi-automatic rifles directly violates the right to bear arms. This Department of Justice will vigorously defend the liberties of law-abiding citizens nationwide."
The administration gave Colorado and Denver officials a deadline last week to cease enforcement of the bans by 5 p.m. Tuesday or face legal action. Both jurisdictions refused, setting the stage for the lawsuits. Denver Mayor Mike Johnston, also a Democrat, defended the city's 37-year-old ordinance, which predates the current political climate. "Our first job is to keep Denverites safe, and we will not be intimidated out of doing it," Johnston said. "Denver's law has stood for 37 years because it works, it saves lives, and it reflects the values of our community. No demand or lawsuit from Washington is going to change that."
The DOJ's actions have drawn criticism from advocates who see them as part of a pattern of politicized enforcement. Critics have pointed to other instances, such as the SPLC indictment, as evidence that the department is being weaponized against civil rights. Meanwhile, supporters argue the lawsuits are necessary to protect constitutional freedoms from what they view as overreaching state laws.
The Colorado case is likely to intensify debates over the scope of the Second Amendment and the role of the federal government in challenging state gun regulations. With Weiser's gubernatorial campaign and the Trump administration's aggressive legal strategy, the dispute is poised to become a flashpoint in the 2026 election cycle.
