Denver’s twofold oppression of lawfully possessed firearms includes the city’s open carry ban and Colorado’s residency requirement to acquire a concealed carry permit. Together, they amount to a de facto denial of Second Amendment rights for non-residents.
That could change, thanks to the National Rifle Association (NRA) and two private citizens suing Denver’s chief of police, sheriff, and executive director of public safety over the smothering restrictions.
Persons qualified in every conceivable way to carry cannot do so legally
The NRA detailed the trap laid for non-resident gun owners who do business in or frequently visit the city.
“Colorado will not issue a concealed handgun permit to a non-resident and recognizes another state’s permit only if that state reciprocates with Colorado,” the gun rights organization noted. “Denver separately bans open carry. Together, those rules leave otherwise qualified, law-abiding visitors with no lawful way to carry a handgun for self-defense in Denver–neither concealed nor openly.”
The plaintiffs, including NRA members Zackary Dougherty of South Carolina and Greg Howeth of Hawaii, argue in Howeth v. City and County of Denver that constitutional rights apply equally in all 50 states.
South Carolina and Hawaii carry permits are not valid in Colorado, and Dougherty said he regularly travels to Denver and elsewhere in the state. The gun owner is qualified in every conceivable way to possess a firearm–except for the city’s and state’s onerous restrictions.
US’s history and tradition of gun laws do not justify non-resident carry ban
The complaint leans heavily on the U.S. Supreme Court’s landmark 2022 Bruen decision. According to the plaintiffs, no historical analogue exists for sweeping bans on non-residents exercising their right to keep and bear arms.
Simply put, the nation’s history and tradition of gun laws do not support such a blanket ban on handgun carry in the city by qualified non-residents.
Florida attorney Matthew Larosiere represents one of the individual plaintiffs.
“As it stands, Denver law, against Colorado’s refusal to honor certain states’ carry permits, offers no way for a non-resident to lawfully exercise their fundamental right to self-defense within Denver,” Larosiere explained in an email to Courthouse News. “There is simply no reason individuals as responsible and qualified as these plaintiffs should be completely denied their rights.”
The complaint details how law-abiding citizens are stripped of constitutional rights simply for being away from home.
“These NRA members’ Second Amendment rights have been and are being violated by the combined effect of Denver and Colorado law because the Amendment protects carrying firearms when visiting other states,” the 52-page lawsuit declared. “Indeed, the challenged Colorado and Denver laws referenced herein have denied, and will continue to deny, responsible, peaceable, law-abiding adults who are non-residents of Colorado who travel to Denver their fundamental, individual right to keep and bear arms secured under the Second and Fourteenth Amendments of the United States Constitution.”
In recent years, Colorado has become a hotbed of anti-Second Amendment laws. This is despite its rich sporting and outdoor history, which drew many to uproot and move to Colorado in the first place.
Gun rights opponents are increasingly successful in copying other states’ oppressive statutes that severely restrict Second Amendment freedoms.
With that distinction came a flurry of lawsuits against the Centennial State’s gun control regime, including a pair from the Colorado State Shooting Association (CSSA), the local NRA affiliate.
The organization challenged the state’s new permit-to-purchase apparatus for popular semi-automatic weapons. Along with the Department of Justice, CSSA also challenged arbitrary magazine capacity limits in both the city and the state.
Rome wasn’t built in a day, and neither was the current status of gun rights in Colorado and Denver. They also won’t be dismantled in a day, but these powerful legal challenges are absolutely critical for securing Second Amendment rights in 2026 and for generations to follow.
There’s no better way to show your patriotism than with merch that speaks before you do.
Defend America is more than a name, it’s a stand for freedom, resilience, and the values this country was built on. Every tee, hat, and mug is a symbol of unapologetic pride. Wear it loud, wear it proud, and let the world know: freedom isn’t negotiable.
Click the link below to join the movement.