Out-of-state gun owners sue Denver over open-carry ban and permit rules
Two non-resident gun owners have filed a federal lawsuit claiming Denver’s open-carry prohibition and Colorado’s concealed-carry permit requirements violate their Second Amendment rights.
A federal complaint lodged on Thursday challenges Denver’s prohibition on open firearm carry together with Colorado’s rule that only state residents may obtain concealed-handgun permits. The plaintiffs, Zackary Dougherty from Greenville County, South Carolina, and Gregory Howeth from Maui County, Hawaii, assert that the combined statutes effectively bar them from carrying a weapon while visiting the city, despite their regular trips for work and shooting competitions.
Both men are members of the National Rifle Association, which is representing them through attorney Matthew Larosiere of Lake Worth, Florida. The lawsuit references the Supreme Court’s 2022 Bruen decision and the 2008 Heller ruling, arguing there is no historical precedent for excluding non-residents from self-defense. Denver’s sheriff, chief of police and executive director of public safety are named as defendants, while the city’s mayor’s office and the state attorney general’s office have not responded. U.S. Magistrate Kathryn Starnella has been assigned to the case.
Why it matters
The case could reshape how cities regulate firearms for visitors, affecting gun rights nationwide.
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