A combination of Colorado law and Denver municipal code makes the carry of firearms for non-residents impossible. The National Rifle Association and its members are now challenging those prohibitions in federal court.
Two weeks ago the National Rifle Association — with the Colorado State Shooting Association, not named in the initial filing — and individual plaintiffs filed a lawsuit against Denver. They’re challenging the constitutionality of the city’s ordinance combined with Colorado state law that makes it impossible for non-residents to carry in the city.
Howeth v. City and County of Denver was filed in the U.S. District Court of Colorado. On Sept. 4, the NRA filed for a preliminary injunction against the city.
According to the filing, “the combined operation of Colorado’s concealed handgun-permit laws and Denver’s open-carry ban, which together leave otherwise qualified nonresidents who travel to Denver with no lawful means to carry a handgun there for self-defense.” The brief states that they are “challeng(ing) Colo. Rev. Stat. §§ 18-12-203 and 18-12-213, and Denver Revised Municipal Code § 38-117(a), (b), and (f), facially and as applied to Plaintiffs.”
The relief that the NRA seeks includes other “similarly situated” members of the organization — i.e. all NRA members.
Colorado doesn’t issue concealed handgun permits to non-residents. Colorado is, however, an open carry state. Denver’s ban on open carry leaves those traveling to and through the city disarmed.
Litigating on behalf of the NRA are attorneys Alan Beck and Matthew Larosiere. Beck has a strong track record of crushing unconstitutional laws, rules, and regulations, not only within his native Ninth Circuit, but across the country. Beck recently secured a major win in the Supreme Court invalidating Hawaii’s so-called “vampire law” case, Wolford v. Lopez. Larosiere has worked for the Firearms Policy coalition and represents Patrick Adamiak, who was pardoned yesterday by President Trump.
Bruen’s historical analysis requirement is cited in the brief. They note that the burden is on the government to provide appropriate analogues that an effective outright carry ban would be within the historical tradition of this nation.
“Defendants will not be able to do that because there is no tradition of prohibiting the carrying of firearms by law-abiding citizens,” the filing contends. “Moreover, historically, out-of-state travelers—i.e., nonresidents—had a right to carry firearms for self defense and often received more firearms rights than residents who were not traveling.”
The brief outlines an extensive list of laws and regulations — pre- and post-founding era — that corroborate their claims.
In the days since the initial petition, NRA filed a motion seeking a preliminary injunction. The motion argues that plaintiffs are likely to succeed because since Bruen was handed down, “two states have had their bans on non-residents applying for concealed carry permits struck down.”
In their statement of facts, it’s explained that both individually named plaintiffs, Gregory Howeth and Zackary Dougherty, attempted to apply for Colorado concealed carry permits. However, they were both denied because they are non-residents. “Plaintiffs bring this lawsuit to vindicate their Second Amendment right to carry a handgun for lawful self-defense,” the filing asserts.
“The Supreme Court has held that law-abiding citizens cannot be prohibited from carrying firearms for self-defense. Moreover, our Nation’s history reveals a strong and enduring national tradition of nonresidents being able to carry handguns for self-defense while traveling,” the motion for a preliminary injunction concludes. “Defendants’ prohibition on handgun carry for certain nonresidents is an extreme outlier, both historically and today. This Court should join the other courts that have considered such challenges and struck down similar prohibitions. Plaintiffs also satisfy the other preliminary injunction factors. A preliminary injunction should be issued.”
With all 50 states now ostensibly being shall-issue, the new frontier of firearm carriage rights advancement shifts to these issues of reciprocity. There are 29 permitless carry states in the country, and many of the others have robust reciprocity agreements and protections for non-resident carriers with other jurisdictions.
Denver may have created the perfect proving ground to decide whether lawful carriers will have the same level of “privilege” that drivers license holders have. Or the Centennial State might be forced to issue permits to non-residents. Either way, this will be worth watching.