Colorado AR Ban Challenged Federally

The Firearm Policy Coalition is suing both Denver and the State of Colorado over bans on so-called assault weapons and standard-capacity magazines.

State of play: Two separate but related restrictions are under fire in Elliott v. Denver:

• Denver's ban on firearms the city classifies as "assault weapons"
• Denver's and Colorado's bans on magazines capable of holding more than a set number of rounds

The legal question: FPC is arguing both restrictions fail the constitutional standard established in New York State Rifle & Pistol Association v. Bruen — which requires the government to show a challenged arms regulation is consistent with the historical tradition of firearms regulation in America. Magazine limits and categorical bans on entire classes of commonly owned firearms are a tough sell under that test.

The intrigue: Colorado spent years positioning itself as a Western state that respected gun rights, then lurched hard left after 2018 demographic shifts. Denver's assault weapon ordinance and the state magazine ban are products of that shift — and they're now running headlong into a post-Bruen federal judiciary that's significantly less deferential to local gun restrictions than it was five years ago.

Reality check: "Assault weapon" bans have survived in some circuits and collapsed in others. The Tenth Circuit, which covers Colorado, has not issued a definitive post-Bruen ruling on the merits of such bans. That makes this case one to watch closely — a ruling here could reshape what Colorado and other Mountain West states can legally restrict.

What to watch: Whether the district court grants a preliminary injunction blocking enforcement while the case proceeds. That's the near-term fight. A win there would be immediate and practical relief for Colorado gun owners; a loss pushes the timeline to full trial and likely appeal.