NRA and CSSA Challenge Denver's Nonresident Carry Prohibition in Federal Court
The National Rifle Association and Colorado State Shooting Association filed a federal lawsuit today in the U.S. District Court for the District of Colorado targeting Denver's blanket ban on handgun carry by nonresidents. Named plaintiffs Greg Howeth of Hawaii and Zackary Dougherty of South Carolina cannot legally carry handguns in Denver under current city ordinance, regardless of their lawful carry status in their home states.
Key Details
- Lawsuit filed in U.S. District Court, District of Colorado — federal venue, not state
- Two named individual plaintiffs: Howeth (Hawaii) and Dougherty (South Carolina)
- Challenge targets Denver's explicit nonresident carry prohibition for handguns
- CSSA and NRA bring organizational standing to the case
Why It Matters for Gun Owners
If Denver's ban survives, any traveler, business owner, or competitor from outside Colorado entering the city forfeits carry rights—even in states with constitutional carry or reciprocal agreements. This creates a patchwork where federal permit reciprocity becomes meaningless at city borders. Colorado residents who travel to Denver for work, family, or USPSA matches face the same restrictions. A loss here emboldens other municipalities to adopt nonresident carve-outs. A win reaffirms that Second Amendment protections don't evaporate at city limits and that Bruen's text-and-history test applies to travel and residence status as a regulatory classification.
DownRange Analysis
Denver's ban is legally fragile under New York State Rifle & Pistol Association v. Bruen. The city cannot justify a handgun carry ban for nonresidents using historical precedent—the Founders didn't restrict carry by out-of-state visitors. This differs from reasonable licensing schemes or sensitive-place exceptions that have historical roots. The ordinance targets identity, not conduct, making it vulnerable to intermediate scrutiny at minimum. Expect the city to argue public safety and crime prevention; the NRA will counter with crime statistics from constitutional carry states. This case may become the template for challenging every city-level nonresident ban in America. Gun owners transiting Colorado should monitor discovery and rulings closely.
