New Lawsuit Challenges Colorado Carry Restrictions for Non-Residents

A new federal lawsuit is challenging Colorado’s firearm carry laws on behalf of non-residents who may be left without any legal way to carry a firearm for self-defense while visiting Denver.

The case, Hoffman v. City of Denver, was filed in the U.S. District Court for the District of Colorado by Gene Hoffman and the Firearms Policy Coalition (FPC). The lawsuit argues that preventing otherwise qualified non-residents from carrying firearms in public violates the Second Amendment.

The challenge focuses on the interaction between Colorado’s concealed carry system and Denver’s prohibition on open carry. Colorado generally allows open carry, but Denver prohibits it. At the same time, Colorado's recognition of concealed carry permits from other states depends on reciprocity. Residents of states without reciprocity—including California—can therefore face significant restrictions when attempting to legally carry in Colorado.

Hoffman is a California resident who travels to Denver. According to the lawsuit, he cannot openly carry because Denver prohibits open carry, while his California residency prevents him from obtaining the Colorado concealed carry authorization necessary under the circumstances described in the complaint. The result, plaintiffs argue, is effectively a complete prohibition on his ability to carry a firearm in public for self-defense while in Denver.

The lawsuit relies heavily on the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen, which recognized an individual's Second and Fourteenth Amendment right to carry a handgun publicly for self-defense. The complaint argues that Bruen did not limit that constitutional protection to a person's state of residence.

The plaintiffs also point to historical firearm laws involving travelers. According to the complaint, several colonies required travelers to carry arms for protection, while later laws in states including Tennessee, Arkansas and Alabama contained traveler exceptions to restrictions that otherwise prohibited concealed carry. The lawsuit presents that history as evidence against a historical tradition of completely denying non-residents the ability to carry firearms.

The case could have implications beyond Colorado. A successful challenge could contribute to a developing body of Second Amendment precedent addressing whether states can condition a visitor's ability to carry a firearm on residency or reciprocity agreements with that person's home state.

For now, Hoffman v. City of Denver is at the beginning of the federal court process. But the central question is significant: Can a state and local government combine their laws in a way that leaves an otherwise qualified visitor with no legal method of carrying a firearm in public for self-defense?