DOJ Sues Colorado Over Ban on Large-Capacity Magazines
The Justice Department sued Colorado on May 6, 2026, over its ban on large-capacity gun magazines.
Why it matters: This lawsuit escalates the battle between federal and state governments over gun control, directly affecting how similar laws might be enforced or challenged nationwide. In-house counsel and litigators should track this case for its potential to reshape legal arguments and enforcement strategies on firearms restrictions.
- The DOJ filed suit on May 6, 2026, alleging Colorado’s 2013 ban violates the Second Amendment.
- Colorado law bars the sale and possession of gun magazines holding more than 15 rounds.
- State officials, including Attorney General Phil Weiser, have vowed to defend the law, calling the DOJ action an overreach.
- The DOJ has also sued Denver for its assault weapons ban, highlighting a national push to challenge local gun restrictions.
The U.S. Department of Justice filed a federal lawsuit against Colorado on May 6, 2026, challenging a 2013 law that bans the sale and possession of ammunition magazines holding more than 15 rounds. The state’s law was enacted after the Aurora theater shooting and has been a key piece of Colorado’s gun safety regulations.
Assistant Attorney General Harmeet K. Dhillon, who leads the DOJ’s Civil Rights Division and its new Second Amendment Section, described Colorado’s restriction as “political virtue signaling at the expense of Americans' constitutional right to keep and bear arms.” According to the DOJ, these magazine limitations infringe on citizens’ rights because magazines over 15 rounds are standard for many popular firearms, including AR-15-style rifles—one of the most common in the U.S.
Colorado Attorney General Phil Weiser countered that "large-capacity magazine laws are responsible policies that satisfy Second Amendment protections, decrease the deadly impacts of mass shootings, and save lives." He called the DOJ’s lawsuit a "dangerous overreach" that could endanger Colorado residents.
The DOJ’s litigation against Colorado follows a similar suit filed May 5 against Denver over its long-standing 1989 ordinance banning certain semi-automatic rifles. Denver leadership, including Mayor Mike Johnston, has refused to roll back the city’s ban, arguing it is essential for public safety.
- These federal court battles reflect mounting friction between state autonomy on gun regulation and federal interpretations of Second Amendment rights. The outcomes could have wide implications for similar state laws across the country.
By the numbers:
- May 6, 2026 — Date DOJ sued Colorado over magazine ban
- 2013 — Year Colorado enacted magazine restriction after Aurora shooting
- 15 rounds — Maximum magazine capacity permitted under Colorado law
- At least 16 million — Estimated AR-15-style rifles owned in the U.S.
Yes, but: The DOJ's lawsuits face strong opposition from state and local officials, who argue their gun regulations are vital to public safety and consistent with the Constitution.