New Lawsuit Filed Over Colorado and Denver’s Carry Restrictions for Non-Residents

The right to keep and bear arms should be pretty straightforward. It’s not like the Second Amendment features a lot of subclauses and contradictory or confusing language, right? But as we’ve discussed repeatedly here at Bearing Arms, lawfully carrying a firearm outside the borders of the state where you live is often far more difficult than it should be… and in some cases it’s actually impossible. 

That’s why attorney Alan Beck has teamed up with the National Rifle Association to sue the city of Denver and the state of Colorado on behalf of two non-residents who often visit the state. According to the initial complaint in Howeth v. Denver, the confluence of the state’s reciprocity laws and Denver’s ban on open carry leave these gun owners without any way of bearing arms without violating the law. 

In order to apply for a Colorado carry permit, you must be a resident of the state. Colorado only recognizes concealed carry permits from states that recognize Colorado permits, which leaves the two individual plaintiffs with no ability to carry concealed since Hawaii and South Carolina permits are not accepted in Colorado. 

The state, however, allows non-residents to openly carry a handgun. Denver, though, has its own ban on open carry, for residents and non-residents alike. That means that unless your state has reciprocity with Colorado, there is no way for you to legally bear arms when visiting the state’s biggest city. 

Greg Howeth lives in Hawaii, but he also has a home in Weld County, Colorado. Despite taking the training course required to obtain a Colorado carry license, when Howeth applied to the Weld County sheriff for a permit he was denied because he’s a non-resident. Howeth also has a non-resident permit issued by the state of Utah, but Colorado doesn’t view those non-resident permits as valid (even though they accept Utah permits held by Utah residents). 

The second plaintiff, who lives in South Carolina, lived in Colorado until 2025. His employer is still based in Colorado, and he has friends and family there as well, so he plans on frequently visiting. Like Howeth, though, he is utterly unable to carry in Denver because Colorado doesn’t accept South Carolina carry permits (and vice versa). 

Beck’s initial complaint details the history of the right to carry in the United States, noting that many states had “travelers’ exemptions” that allowed non-residents to bear arms even when residents were restricted from doing so. Colorado’s approach is ahistorical in that regard, and Beck contends that neither Denver nor the state of Colorado will be able to point to a national tradition that comports with their laws because it doesn’t exist. 

If Colorado had universal reciprocity this wouldn’t be an issue. If Denver didn’t ban the open carry of firearms then the plaintiffs could at least avail themselves of that form of carry in order to defend themselves (though I’d still argue that it places them at a disadvantage compared to residents). As things stand, though, there is simply no way for residents in 16 states to lawfully carry a firearm in Colorado’s biggest city, and that’s a problem. 

Beck and co-counsel Matthew Larosiere are asking a federal judge to issue an injunction blocking enforcement of the state and local laws as they apply to the individual plaintiffs and all NRA members who are also impacted by the carry ban. State legislators and Denver city council members could quickly make this litigation go away by changing the laws in question, but I seriously doubt either body is going to do anything to make exercising our Second Amendment rights easier unless they’re ordered to do so by a court. 

Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.

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