DOJ Accuses Denver of Banning ‘Constitutionally Protected Semi-Automatic Rifles’

The Second Amendment: A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The DOJ Civil Rights Division has sued Denver, CO, over an ordinance that makes it “a crime to carry, store, keep, manufacture, sell, or otherwise possess a so-called ‘assault weapon’ (as defined in Denv., Colo., Rev. Mun. Code ch. 38, art. IV, § 38-116(1)) within the City.”

The DOJ accused Denver of unconstitutionally banning “certain constitutionally protected semi-automatic rifles.”

The law, which has been in place since 1989, restricts “the possession and sale of guns with magazines carrying more than 15 rounds — which includes AR-15-style rifles as well as other types of guns.”

“I have directed the Civil Rights Division, through our new Second Amendment Section, to defend law-abiding Americans from restrictions such as those we are challenging in these cases,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Law-abiding Americans, regardless of what city or state they reside in, should not have to live under threat of criminal sanction just for exercising their Second Amendment right to possess arms which are owned by tens of millions of their fellow citizens.”

The DOJ immediately pointed out that “assault weapon” is not even a real term:

The Ordinance uses politically charged rhetoric. The term “assault weapon” is not a technical term used in the firearms industry. Rather, as Justice Thomas has aptly noted, “assault weapon” is a rhetorically charged political term developed by anti-gun publicists. See Stenberg v. Carhart, 530 U.S. 914, 1001 n.16 (2000) (Thomas, J., dissenting) (quoting Bruce H. Kobayashi & Joseph E. Olsen, In Re 101 California Street: A Legal and Economic Analysis of Strict Liability for the Manufacture and Sale of “Assault Weapons,” 8 Stan. L. & Pol’y Rev., Winter 1997 41, 43) (“Prior to 1989, the term assault weapon did not exist in the lexicon of firearms. It is a political term, developed by anti-gun publicists to expand the category of assault rifles so as to allow an attack on as many additional firearms as possible on the basis of undefined evil appearance.”)

“The Constitution is not a suggestion and the Second Amendment is not a second-class right,” said Acting Attorney General Todd Blanche. “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.”

Denver has stood its ground against the DOJ, which has been demanding that the city repeal the laws.

“Your request is baseless, irresponsible and a clear overreach of the federal government’s power,” City Attorney Miko Brown wrote in the response, as reported by The Denver Post.

Oh, honey. Nobody at the city, state, or federal level can violate the Constitution. It’s a shame that too many courts have upheld these gun bans and restrictions.

The AR-15-style rifles are the most popular rifles in America.

I will never stop telling people that AR-15-style rifles are the best guns for women, especially those with handicaps.

My left side is handicapped. My AR-15 only requires my right arm to use it. The rifle is lightweight enough for my left hand to hold. There is hardly any kickback helping me aim better.

Tags: 2nd Amendment, Civil Rights, Colorado, DOJ, Gun Control, Harmeet Dhillon

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