New lawsuit continues FPC’s nationwide litigation campaign against residency-based restrictions on the right to bear arms
DENVER, CO (September 29, 2026) — Firearms Policy Coalition (FPC) announced today that it filed a new federal lawsuit challenging Colorado and Denver laws that combine to deny peaceable residents of 15 states and the District of Columbia any lawful means to carry a handgun for self-defense while in Denver. The complaint for Hoffman v. City and County of Denver can be viewed here.
The lawsuit was filed on behalf of FPC and FPC member Gene Hoffman, a California resident. Hoffman regularly travels to Denver, is legally eligible to possess firearms, holds a carry permit, and would carry a handgun for lawful self-defense there but for the challenged laws.
Colorado generally limits its concealed handgun permits to state residents and recognizes out-of-state permits only when the holder is a resident of a state that recognizes Colorado permits. And while Colorado generally allows open carry, Denver prohibits it. Together, those laws leave otherwise-qualified residents of states without Colorado reciprocity unable to carry either openly or concealed while in Denver.
The complaint asks the court to declare the combined Colorado and Denver restrictions unconstitutional and require defendants to provide FPC members and the individual plaintiffs a lawful means to carry. The requested relief does not prescribe a single mechanism: the complaint identifies options including allowing open carry, issuing nonresident permits, recognizing out-of-state permits, or providing an equally effective means.
“Colorado and Denver cannot deny millions of Americans their right to carry. As we’ve successfully shown in other cases, fundamental rights do not stop at state lines. The Second Amendment protects the People, period—not just where they live. We have already litigated to eliminate residency-based carry barriers in California, New York, and Louisiana, and we are going to keep pressing this issue throughout the United States,” said FPC President Brandon Combs.
FPC’s complaint argues that the Supreme Court’s decisions make clear that the Constitution protects the right to carry a handgun outside the home for self-defense and that the right does not depend on a person being a resident of the state where they wish to carry. As the Supreme Court recently explained in Wolford v. Lopez, a Bill of Rights guarantee “has the same meaning in all parts of the United States.” And far from supporting residency-based carry bans, the historical record discussed in FPC’s complaint shows a longstanding tradition of protecting travelers’ ability to bear arms.
The Colorado case is the latest step in FPC’s broader effort concerning nonresident carry. In Hoffman v. Bonta, a federal court entered final judgment against California’s nonresident carry restriction. In Louisiana, FPC’s Mate v. Westcott lawsuit prompted legislation to eliminate the state’s residency restriction on carry permits. And in Shaffer v. Quattrone, FPC successfully resolved its New York challenge through a settlement in which the State adopted the position that residency or in-state employment is not required to apply for a firearm license.
Combs continued, “Our objective is straightforward: People should be able to exercise their rights throughout the United States. We have made substantial progress, and this case is another important step toward making that principle a reality nationwide.”
The problem extends beyond state and local carry restrictions. Federal law independently creates another major barrier for people exercising their rights while traveling. The federal Gun-Free School Zones Act generally makes it a federal crime to knowingly possess a firearm that has moved in or affected interstate commerce within a school zone, subject to limited exceptions. While one exception protects qualifying license holders, the license must be issued by the state in which the school zone is located or one of its political subdivisions. As a result, a person can be lawful under state carry law—or possess a permit recognized through reciprocity—and still face federal criminal liability within these expansive school zones. Federal law defines a “school zone” to include the area within 1,000 feet of school grounds.
For interstate travelers, that federal restriction creates a serious problem: people who cannot obtain a carry license from the state they are visiting may encounter federally regulated school zones throughout ordinary travel, even where state law otherwise permits them to carry. That is especially relevant to the kind of residency barrier FPC is challenging here and has fought elsewhere.
FPC has also urged Congress to eliminate this federal trap as part of its work to protect the right to carry throughout the United States, including through its proposed improvements to H.R. 38.
“Americans should not have to navigate a maze of state borders, residency restrictions, reciprocity agreements, and invisible federal gun-free zones simply to exercise a constitutional right,” Combs concluded. “The right to bear arms belongs to the People throughout the United States. We are fighting state and local barriers in the courts, and we will continue working to eliminate federal laws that punish peaceable people for exercising their rights while traveling. Your rights do not disappear when you cross a state line.”
The plaintiffs are represented by David H. Thompson, Peter A. Patterson, William V. Bergstrom, and Riley W. Walters of Cooper & Kirk, PLLC.
Individuals who want to join the FPC Grassroots Army and help support important lawsuits like this one can visit JoinFPC.org.
Contact: [email protected]
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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