Is Open Carry Legal in Denver? Bans, Exceptions, and Penalties

Open carry in Denver is illegal. Denver’s municipal code prohibits carrying any firearm visibly in public anywhere within city limits, even though Colorado state law generally allows open carry elsewhere. The ban applies to handguns, rifles, shotguns, and essentially every other firearm, and the exceptions are narrow.

What the Ban Covers

Denver Revised Municipal Code Section 38-117(b) makes it unlawful for anyone to carry, use, or wear any dangerous or deadly weapon in the city. The ordinance names pistols, revolvers, rifles, shotguns, machine guns, air guns, and spring guns, and the prohibition is not limited to that list.¹

The scope is broader than many people assume. If a firearm is visible on your person anywhere inside Denver’s city limits — a sidewalk, a park, a shopping district, a parking lot — you are violating the ordinance. The only exemption written into Section 38-117 itself is for law enforcement officers performing their duties.¹

Why Denver’s Rule Differs From the Rest of Colorado

Colorado has no statute prohibiting adults from openly carrying a firearm, so open carry is lawful by default across most of the state. Denver, however, operates as a home rule city under the Colorado Constitution, which gives it authority to pass local ordinances on matters of local concern. In 2021, the Colorado General Assembly reinforced that authority by declaring firearm regulation a matter of both state and local concern and explicitly allowing local governments to pass their own gun ordinances. The Colorado Supreme Court has upheld Denver’s weapons regulations against legal challenges.

The practical result is that conduct that is legal in Colorado Springs or Fort Collins can be a criminal offense in Denver. Visitors and new residents are the most likely to be caught off guard.

The Narrow Exceptions

Section 38-118 of Denver’s code provides a few affirmative defenses rather than blanket exemptions. The distinction matters: these are defenses you raise after being charged, and the burden is on you to prove they apply.

Carrying a weapon in your own home, place of business, or on property you own or control at the time.
Carrying a weapon in defense of your home, person, or property while inside your home when there is a direct and immediate threat.

These defenses come from the ordinance text as quoted in the Colorado Court of Appeals decision in Trinen v. City and County of Denver.² Outside your own property or a genuine home self-defense situation, there is no defense for visibly carrying a firearm in Denver.

Penalties

Violating Denver’s weapons ordinance is a municipal offense. Colorado law caps the penalty for a municipal ordinance violation in a court of record at up to 364 days in jail, a fine of up to $2,650, or both.³

When the weapon is a firearm or explosive device, Denver’s ordinance adds minimum fines on top of that cap. A first offense carries a minimum fine of $500. A second offense within five years carries at least $750. A third or subsequent offense requires a fine of at least $999.¹ A conviction can also result in forfeiture of the weapon to the city, and any jail sentence for a weapons violation runs consecutively with sentences for other offenses rather than overlapping.

A conviction can also complicate future firearm purchases, employment background checks, and professional licensing.

Concealed Carry as the Practical Alternative

If open carry is off the table, concealed carry is the realistic option. A valid Colorado concealed handgun permit authorizes carrying a concealed handgun throughout the state, and Denver residents apply through the Denver Police Department.⁴

A permit, though, does not override local location restrictions. Colorado law expressly allows local governments to prohibit concealed carry in specific buildings and areas within their jurisdiction.⁵ In 2022, Denver used that authority to prohibit concealed carry in city parks and in buildings owned or leased by the city. Even with a valid permit, you cannot carry concealed in a Denver city park or city-owned facility. Elsewhere in public around Denver, concealed carry with a valid permit remains lawful.

Firearms in a Vehicle

Colorado’s “peaceable journey” statute protects travelers carrying a weapon in a private vehicle. Under C.R.S. Section 18-12-105.6, carrying a weapon in a private car for hunting or lawful protection while traveling through any city, county, or municipality is a matter of statewide concern and is not an offense, regardless of how often you stop along the way.⁶ No local government can override that protection.

Denver’s open carry ban therefore does not reach a firearm kept inside your car while you are traveling. Colorado law also provides that a handgun carried in a private vehicle is not considered concealed, so you do not need a permit just to have one in the car.⁷ Rifles, shotguns, and other long guns must have an unloaded chamber while in a vehicle.

The protection stops at the car door. The moment you step out in Denver with a visible firearm on you, the city’s ban applies again. If you need to move a firearm between your car and a building, keep it cased and out of sight.

Places Where No One Can Open Carry

Several statewide and federal restrictions apply on top of Denver’s citywide ban.

Schools and Colleges

Colorado makes it a class 6 felony to carry any deadly weapon on the grounds of an elementary school, middle school, high school, vocational school, college, university, or seminary. This applies to both open and concealed carry, with limited exceptions for concealed carry permit holders, school resource officers, and firearms kept unloaded inside a vehicle on college property.⁸

Polling Places and Ballot Drop Boxes

Under the Vote Without Fear Act (HB22-1086), open carry is prohibited inside any polling location or ballot counting facility, and within 100 feet of a ballot drop box or any building housing a polling location while election activity is underway.⁹

Federal Buildings

Federal law makes it a crime to bring a firearm into any federal facility where federal employees regularly work, punishable by up to one year in prison. Federal courthouses carry up to two years. The ban covers post offices, federal office buildings, and Social Security Administration offices.¹⁰

1
Denver Code of Ordinances. Denver Code of Ordinances 38-117 – Dangerous or Deadly Weapons
2
FindLaw. Trinen v. City and County of Denver
3
Justia. Colorado Code 13-10-113 – Penalties
4
City and County of Denver. Concealed Handgun Permits
5
Justia. Colorado Code 18-12-214 – Authority Granted by Permit – Carrying Restrictions
6
Justia. Colorado Code 18-12-105.6 – Limitation on Local Ordinances Regarding Firearms in Private Vehicles
7
Colorado Department of Public Safety. Colorado Gun Laws
8
Justia. Colorado Code 18-12-105.5 – Unlawfully Carrying a Weapon on School Grounds
9
Colorado General Assembly. HB22-1086 – The Vote Without Fear Act
10
Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities