HB-14-1151- Repeal magazine ban of 2013! CALLING ALL CO CITIZENS!!!!

[Co-gnARR]

Ok, guys, I apologize if I'm not current with the situation in Colorado re: magazine restrictions, lawsuits and appeals, and the outlook for the next election cycle. I'm especially interested in this as I might possibly relocate to Colorado in the not so distant future. If I need to move threads or start a new one, let me know.

My biggest question(s) revolve around the magazine capacity restrictions. From what I've read, cap is limited to 15 rounds. Is this law finalized and enforceable, or is the legislation still in process? Krieger herself said a law that's neither a good nor necessary law can still be constitutional, hence her upholding the capacity limitation. I've also heard from a local (yes, purely anecdotal source but there's certainly a grain of truth in it somewhere) that the sheriffs won't enforce any restrictions. Finally, what is the deal on magazines and the readily converted bit? Does this mean my new 30 round PMAGs with a limiter are good?

If you can point to credible sources (other than a generic "google is your friend" (trust me, I am googling stuff on my own)) I will gladly do my own research. I appreciate it!

[.46caliber]

The law passed which is why MAGPUL left. It's on the books. MAGPUL gave away a bunch before the date it passed and went into effect and the manufacture date was imprinted. Bringing mags in from out of state, I don't know about. I would imagine that mags made before the cut off would be fine, but I'm not a lawyer. Search Google for the bill number to read through it.

Sent from my Nexus 4 using Tapatalk

[the 556 guy]

The statute has been in force for over a year and I have not heard of a single enforcement action. Importantly, all magazines owned prior to July 1, 2014 are legally possessed.

The affirmative defense to a charge of illegal possession under this statute is the following:

"(b) If a person who is alleged to have violated subsection (1) of this section asserts that he or she is permitted to legally possess a large-capacity magazine pursuant to paragraph (a) of this subsection (2), the prosecution has the burden of proof to refute the assertion."

As such, unless good evidence exists that the magazine was acquired after July 1, 2013, the DA will have little evidence to overcome this barrier to a guilty verdict at trial. However, for an out of state resident who travels into Colorado with a prohibited magazine, even if such evidence exists of after the date acquisition, the DA would have to prove that the magazine possessed is the one after-the-date acquired, and without dates of manufacture, that would likely be a difficult battle for the government to prove.

Here is most of the statute for your reading:

18-12-302 Large-capacity magazines prohibited - penalties - exceptions. (1) (a) Except as otherwise provided in this section, on and after July 1, 2013, a person who sells, transfers, or possesses a large-capacity magazine commits a class 2 misdemeanor.
(b) Any person who violates subsection (1) of this section after having been convicted of a prior violation of said subsection (1) commits a class 1 misdemeanor.
(c) Any person who violates this subsection (1) commits a class 6 felony if the person possessed a large- capacity magazine during the commission of a felony or any crime of violence, as defined in section 18- 1.3-406
(2) (a) A person may possess a large-capacity magazine if he or she: (I) Owns the large-capacity magazine on July 1, 2013; and
(II) Maintains continuous possession of the large-capacity magazine.
(b) If a person who is alleged to have violated subsection (1) of this section asserts that he or she is permitted to legally possess a large-capacity magazine pursuant to paragraph (a) of this subsection (2), the prosecution has the burden of proof to refute the assertion.
(3) The offense described in subsection (1) of this section shall not apply to:
(a) An entity, or any employee thereof engaged in his or her employment duties, that manufactures large-capacity magazines within Colorado exclusively for transfer to, or any licensed gun dealer, as defined in section 12-26.1-106 (6), C.R.S., or any employee thereof engaged in his or her official employment duties, that sells large-capacity magazines exclusively to:
(I) A branch of the armed forces of the United States;
(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government;
(III) A firearms retailer for the purpose of firearms sales conducted outside the state;
(IV) A foreign national government that has been approved for such transfers by the United States government; or
(V) An out-of-state transferee who may legally possess a large-capacity magazine; or
(more statute not copied)