Out-of-state gunowners target Denver open-carry ban

Members of the National Rifle Association claim Colorado’s capitol city provides no legal pathway for out-of-state residents to carry firearms for self defense within municipal and county borders.

by Amanda Pampuro, Court House News, August 13, 2026

DENVER (CN) — In a federal lawsuit filed Thursday, gunowners who live outside of Colorado claimed the combination of Denver’s open-carry firearm ban and the state’s concealed-handgun-permit laws violate their Second Amendment rights by leaving them with no lawful means to carry a gun in the Mile High City.

“Through a combination of Colorado and Denver law, plaintiff [Zackary] Dougherty has no mechanism to carry a handgun for self-defense either concealed or openly,” Dougherty, of Greenville County, South Carolina, says in a 52-page complaint.

Dougherty joined the National Rifle Association and member Gregory Howeth of Maui County, Hawaii, in challenging Denver’s open-carry ban, which effectively disarms out-of-state residents when combined by the Colorado’s residency requirement to obtain a concealed carry permit.

Neither Hawaii nor South Carolina permits are valid in the Centennial State. In the lawsuit, Dougherty said he regularly travels to Denver to visit friends or his employer, which is based in Loveland, Colorado. Although he usually travels with a gun and participates in shooting competitions, Dougherty said he is unable to legally carry a firearm in Denver.

The lawsuit names Denver’s sheriff, chief of police and executive director of public safety as defendants.

“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 14th Amendments of the United States Constitution,” the gunowners say in the lawsuit.

Citing the 2022 U.S. Supreme Court’s decision in* New York State Rifle & Pistol Association, Inc. v. Bruen,*the gunowners say there is no historical analogue to banning out-of-state residents from carrying firearms for self-defense, even as many states have banned all manner of deadly weapons. Additionally, the plaintiffs cite the 2008 decision in *District of Columbia v. Heller,*which affirmed the right of people to carry firearms for self-defense.

On behalf of the NRA and its members, attorney Matthew Larosiere of Lake Worth, Florida, said he hopes the court will protect his client’s Second Amendment rights.

“As it stands, Denver law, against the backdrop of 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 said in an email. “There is simply no reason individuals as responsible and qualified as these plaintiffs should be completely denied their rights.”

A spokesperson for the attorney general’s office declined to comment on the pending litigation. Representatives for Denver Mayor Mike Johnston and the city attorney’s office did not immediately respond to a request for comment.

The case has been assigned to U.S. Magistrate Kathryn Starnella.