Denver's Carry Trap Challenged

Gene Hoffman holds concealed-carry permits from four states, and none of them let him carry a gun for self-defense in Denver.

State of play: Hoffman and the Firearms Policy Coalition filed suit against the City and County of Denver on September 29, with an amended complaint following October 6 in the U.S. District Court for the District of Colorado. The problem isn't one bad law—it's two restrictions working together. Colorado issues concealed-handgun permits mostly to residents and recognizes out-of-state permits only when the holder's home state has reciprocity with Colorado. Hoffman's California doesn't. His Utah, Arizona, and Florida permits don't help either, because none of them triggers recognition. Colorado generally allows open carry statewide, but Denver bans it outright. Put those pieces together, and a visitor who's otherwise fully qualified under Colorado's own criteria has no lawful way to carry a handgun in the city.

Zoom in: Hoffman isn't a tourist passing through once. He travels to Denver two or three times a year to see friends and his son, a student at Colorado State University. The complaint says he'd also carry in his vehicle in CSU's parking areas and plans another trip in January 2027—he just can't do any of it legally under the current rules, despite being willing and able to meet every Colorado permit requirement except residency.

The numbers behind it: FPC's complaint identifies 15 states plus Washington, D.C. that lack reciprocity with Colorado, meaning otherwise-qualified residents of those jurisdictions face the identical bind Hoffman does the moment they cross into Denver.

The legal argument: The suit leans on Bruen, arguing Colorado and Denver can't ban public carry for nonresidents without pointing to a historical tradition supporting it—and FPC says the tradition runs the other way. The complaint cites a 1686 New Jersey law that exempted traveling "strangers" from carry restrictions and similar traveler exceptions in Kentucky, Tennessee, Arkansas, and Alabama. Some colonial laws even required travelers to carry arms for their own safety on the road. FPC also raises Article IV's Privileges and Immunities Clause, arguing Colorado can't shut out-of-state citizens from its permitting system without a reason beyond simple residency.

"Even when states did not require that travelers carry arms, there is a longstanding historical tradition—stretching from before the Founding until after Reconstruction—of traveler exceptions to carry restrictions that otherwise applied."

Yes, but: Reciprocity alone wouldn't fully fix this. The federal Gun-Free School Zones Act's licensing exception requires a permit issued by the state where the school zone sits—not just recognition through another state's reciprocity deal. That's why the amended complaint specifically asks for Hoffman to be granted a Colorado license, not just recognition of his existing ones, to get complete relief covering campus parking lots and other permit-dependent zones.

Constitutional attorney Mark Smith, who hosts The Four Boxes Diner, frames the Denver/Colorado combination as a de facto total carry ban for someone in Hoffman's position: open carry is illegal in Denver, concealed carry requires a permit he can't get, and there's no third option left on the table.

What's next: FPC is seeking declaratory relief, injunctions against Denver's ban and Colorado's residency restriction, nominal damages, and attorney's fees. Watch for Colorado's response and any early motion practice—this is the kind of residency-based reciprocity fight that could ripple well beyond Denver if the court sides with Hoffman.