Denver Open-Carry Ban Challenged by Out-of-State Gunowners

• Out-of-state gunowners have filed a federal lawsuit against Denver's open-carry ban, claiming it violates their Second Amendment rights.
• The plaintiffs argue that Colorado's residency requirement for obtaining a concealed carry permit effectively disarms them when they travel to the city.
• The lawsuit cites several key legal precedents, including the 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen.
• Denver's open-carry ban and Colorado's residency requirement for obtaining a concealed carry permit may be unconstitutional, according to the plaintiffs' argument.

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 lawsuit filed by out-of-state gunowners against Denver's open-carry ban has significant implications for Second Amendment rights in Colorado. The plaintiffs, members of the National Rifle Association, claim that the combination of Denver's ban and Colorado's concealed-handgun-permit laws effectively disarms them when they travel to the city. This issue is not limited to out-of-state residents; it also affects non-resident clients who may be traveling to Denver for business or personal reasons. Lawyers advising these clients should be aware of the potential risks and limitations of carrying firearms in Denver, given the city's strict laws and Colorado's residency requirement for obtaining a concealed carry permit. The lawsuit highlights the tension between state and local laws governing firearm ownership and use, raising questions about the balance between public safety and individual rights.

The plaintiffs' argument is based on several key legal precedents, including the 2022 U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which established that there is no historical analogue to banning out-of-state residents from carrying firearms for self-defense. The lawsuit also cites the 2008 decision in District of Columbia v. Heller, which affirmed the right of people to carry firearms for self-defense. These precedents suggest that Denver's open-carry ban may be unconstitutional, particularly when combined with Colorado's residency requirement for obtaining a concealed carry permit. The plaintiffs' attorney, Matthew Larosiere, argues that there is simply no reason why individuals as responsible and qualified as the plaintiffs should be completely denied their rights.

The lawsuit was filed on Thursday by Zackary Dougherty of Greenville County, South Carolina, who regularly travels to Denver for work and personal reasons. Dougherty joined forces with Gregory Howeth of Maui County, Hawaii, another NRA member, to challenge Denver's open-carry ban. The plaintiffs claim that they have no lawful means to carry a gun in Denver due to the city's ban and Colorado's residency requirement for obtaining a concealed carry permit. They argue that this combination of laws effectively denies them their fundamental right to keep and bear arms secured under the Second and 14th Amendments of the United States Constitution.

Lawyers advising clients on travel to Denver should be aware of the city's open-carry ban and Colorado's residency requirement for obtaining a concealed carry permit, which may leave non-resident clients without lawful means to carry a gun in the Mile High City.

Source: Original reporting via Courthouse News