Should a Washington resident who has a concealed weapons permit from Florida
be allowed to openly carry a hand gun in Denver? That is the question
currently presented to the United States Court of Appeals for the Tenth
Circuit now that Plaintiff Gray Peterson was recently denied his motion
for summary judgment in Denver District Court against Alvin LaCabe.
LaCabe is a former
sheriff and Manager of Safety for the City and County of Denver who was
in charge of issuing the licenses, denied Peterson’s request and
has since retired.
With a few exceptions, in Colorado it is unlawful to carry a concealed
firearm without a license. Peterson challenged the residency requirement
on three constitutional grounds. He alleged that Colorado’s state
statutes are unconstitutional regarding permits to carry concealed handguns
since it requires the applicant be a resident of the state and disputed
Denver’s lack of carry license reciprocity. If Peterson was a resident
of Florida where he currently holds a carry license, he would be able
to carry a gun in Denver.
The Attorney General for the State of Colorado intervened and presented
its own cross-motion for summary judgment asking the court to “uphold
the constitutionality of Colorado’s residency requirement for the
issuance of concealed handgun permits”.
After reviewing the motions before the court, Judge Miller found that
the statute at issue did not violate the plaintiff’s constitutional
rights, dismissed his claims and ordered defendants to be reimbursed for
Peterson has appealed his case, which is now entitled Peterson v. Garcia, et al.