Gun rights lawsuit aims at Colorado’s state & local carry restrictions.

DENVER–Colorado is facing yet another lawsuit over statewide and local gun rights restrictions, this one challenging the state’s concealed carry permitting and the City of Denver’s open-carry ban.

The latest lawsuit, brought by the National Rifle Association and two out-of-state gun owners, argues that the state and city’s carry laws “together leave otherwise qualified nonresidents who travel to Denver with no lawful means to carry a handgun there for self-defense.”

The complaint marks the latest in a line of recent legal challenges, brought by both gun rights groups and the Trump administration, targeting restrictive gun laws in Colorado.

Lawful carry curtailed

The two out-of-state residents, Greg Howeth of Hawaii and Zackary Dougherty of South Carolina, both regularly visit Denver and would like to carry for self defense, but are not permitted because of the local and state laws, according to the lawsuit.

Colorado requires concealed handgun permit holders to be residents, while open carry is generally allowed statewide without a permit unless a local government has banned the practice, which Denver has done.

Howeth, who has permits to carry in Hawaii and Utah, regularly flies to Denver because he has a second home in Weld County, but Colorado doesn’t recognize either of his permits. Dougherty previously lived in Loveland, where his current employer is located, so he regularly travels through Denver on work trips.

Neither can lawfully carry – whether concealed or openly – while in Denver, despite being otherwise qualified and trained, they argue in the lawsuit.

Arguing the Second

“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 lawsuit reads.

“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,” continues the complaint.

The 52-page complaint names the City and County of Denver as a defendant, along with the police chief, public safety director, city attorney and local sheriff.  Colorado Attorney General Phil Weiser and Stan Hilkey, executive director of the Colorado Department of Public Safety are also named.

As Complete Colorado previously reported, Colorado is also facing a lawsuit from the Colorado State Shooting Association (CSSA) challenging Senate Bill 25-003, the state’s new permit-to-purchase scheme for semiautomatic rifles, shotguns and handguns that went into effect on August 1.

CSSA, an NRA affiliate, is also suing over state and local magazine capacity restrictions, which are additionally being challenged by the U.S. Department of Justice.