Denver and the state of Colorado are at odds in a federal case over whether out‑of‑state residents can legally carry firearms for personal protection. The dispute centers on a motion for a preliminary injunction filed by the Firearms Policy Coalition (FPC), which alleges that both the state and the city have enacted an “effective ban” on non‑resident gun carry that violates the Second Amendment.
According to the Daily Caller, the coalition updated its complaint on Oct. 6, asserting that the ban began in September and that it affects travelers such as California resident Gene Hoffman, whose home‑state concealed‑carry permit is not recognized in Colorado. The complaint argues that Colorado only acknowledges out‑of‑state permits issued to residents of the issuing state, leaving non‑resident visitors without a legal avenue to carry for self‑defense.
In response, Colorado officials submitted a brief stating that the state’s “lenient public‑carry firearm regime allows the open carry of handguns without a permit, allows concealed carry permits for all residents, and recognizes the permits of nonresidents whose home states participate in a reciprocity regime with Colorado.” The brief was filed by Colorado Bureau of Investigation Director Armando Saldate III and Colorado State Patrol Colonel Matthew C. Packard.
Denver’s defense, filed by Police Department Chief Ron Thomas and Sheriff Elias Diggins, emphasizes the city’s long‑standing approach to balancing public order with Second Amendment rights. The brief notes that while Denver sometimes prohibits concealed and open carry, the city does permit “open or concealed carry with valid authorization from the city” and allows transport of a weapon in a private automobile for hunting or lawful protection of the person or property.
FPC President Brandon Combs criticized the defenses, saying Colorado and Denver “want everyone to ignore what their laws actually do” and likening their arguments to a “Wizard of Oz” illusion. He reiterated the coalition’s belief that the Supreme Court’s 2022 Bruen decision, which struck down New York’s “good cause” requirement for pistol permits, supports the right of peaceable Americans to carry firearms in public for self‑defense.
The case highlights a broader legal conflict between state reciprocity policies and municipal regulations. Colorado’s open‑carry framework, which does not require a permit for open carry and issues concealed‑carry permits to all residents, contrasts with Denver’s more restrictive local ordinances that can limit both open and concealed carry within city limits.
What’s next: The federal court will consider the FPC’s request for a preliminary injunction, which could temporarily halt Denver’s restrictions on non‑resident gun carry while the lawsuit proceeds. Both sides are expected to present additional arguments in the coming weeks, and the outcome may set a precedent for how other “blue‑state” cities handle out‑of‑state firearm possession.
Sources: dailycaller.com
