Colorado laws and Hi-Cap Mags

[cstone]

There are very few lawyers on this site and even fewer prosecutors. Any opinion you get will be worth exactly what you pay for it and you will probably get a few that disagree with each other.

If the magazines are legal in another state, and they happen to find their way into that other state, then what happens with those magazines would be governed by the laws of that state and/or local jurisdiction. Colorado law would have little if any effect on transactions conducted in another state.

I do not believe there are any Colorado LE conducting sting operations inside other states, attempting to identify and arrest Colorado residents who happen to break the current magazine law.

Always take anything you read on the internet with a healthy dose of cynicism.

Be safe.

[Zundfolge]

I do not believe there are any Colorado LE conducting sting operations inside other states, attempting to identify and arrest Colorado residents who happen to break the current magazine law.

Its my understanding that most law enforcement agencies in the state have flatly said that they have no intention of enforcing this law at this time (if ever) because it's too vaguely worded.

If you want to sell magazines to someone out of state just do it (assuming they're legal in the buyer's state), you're not violating "the spirit" of the law (which is intended to cut the number of >15 round magazines in the hands of Colorado serfs and proles) and I think you could argue that you're not violating the letter of the law ... which is a moot point if none of the state law enforcement agencies are enforcing it.

[johngraves2]

Here is a question I haven't seen asked: Let's say you live in WY right now or any other 2A friendly state, and you got a whole lot of 30 round magazine for christmas this year/purchased them for yourself during a sale or something. Now for whatever reason you have to move to CO. Can you bring those magazine with you? Are they illegal in CO? You owned them legally in your own home state, now you live in CO, but they were all purchased after CO's magazine laws were passed. So what does the law state?

[newracer]

Who's going to know?

[rondog]

I have some CO-grandfathered magazines (30 rounders) that I would like to transfer to someone out of state. A year ago, the consensus in this thread was that this law is poorly written with respect to this possibility. Specifically, the law prohibits transfers, without distinguishing between recipients that are in state or out of state. Is anybody aware of anything that clarifies the law at this time?

Put 'em in a USPS Flat Rate Box and mail 'em. Nobody's gonna know what's in it or even care, and they damn sure ain't gonna search it. For that matter, a friend or relative in another state could send some here to you. Hey, "I've had these for years, long before that law. Prove I didn't." This just illustrates how ridiculous this law is.

[Great-Kazoo]

Put 'em in a USPS Flat Rate Box and mail 'em. Nobody's gonna know what's in it or even care, and they damn sure ain't gonna search it. For that matter, a friend or relative in another state could send some here to you. Hey, "I've had these for years, long before that law. Prove I didn't." This just illustrates how ridiculous this law is.

True dat. The ONLY TIME someone knows mags are being sold to someone out of state........................is when they post it on line.

[Bailey Guns]

Here is the statute and some commentary in bold:

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.
Note it doesn't specify locations for this.

(b) Any person who violates this subsection (1) 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.
(I) and (II) appear to make it legal for someone who legally owns them out of state and brings them into the state.

(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
This would appear to approve of sales to out-of-state buyers.

(b) An employee of any of the following agencies who bears a firearm in the course of his or her official duties:

(I) A branch of the armed forces of the United States; or

(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government; or

(c) A person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a manufacturer of large-capacity magazines within Colorado.

This is such a charlie-foxtrot of a law that I'd be surprised if anyone, other than someone maybe who uses one in the commission of a felony, is ever charged under this law.

[DaBull]

All,

Thanks for the comments. I was hoping something conclusive had occurred, but failing that, I agree there is not much legal value in this discussion.

(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.
Note it doesn't specify locations for this.

Yes, that is the part that worries me. It says sells or transfers, but doesn't say to someone within the state. This means the act of selling or transferring to someone out of state could put me in legal jeopardy, even though it appears to meet the spirit of the law (i.e., reducing the number of high caps in the state through attrition).

A couple of "what ifs" for debaters and lawyer wannabes:

If I sell the mags over the internet to a legal party in another state, is the sale considered to have occurred in the state of CO (because of my location or my residency) and subject to this CO sale/transfer prohibition?

If I leave the state on vacation with the magazine in possession, sell it in another state that has no magazine restrictions, and then return home to CO, am I free and clear since the sale did not occur in CO? Or am I still in violation, because I am a CO resident even though I made the sale in another state?

This would be fun if it wasn't so sad.

[Eric P]

Magazines are not serialized, nor registered. If you disposed of them out of state, how would anyone know where you disposed of them?

[Great-Kazoo]

Magazines are not serialized, nor registered. If you disposed of them out of state, how would anyone know where you disposed of them?

Probably due to his POSTING it on line. ASKING if he sold them out of state. HOW THE HELL ANYONE is going to know what one does out of state, UNLESS they splash it all over the interwebz.

Had a great time in mexico. You'd never think an American product like AR15 magazines from magpul would be such a hit down here. It use to be cigarettes and levi's. Next time we go south of the border, i'm really coming prepared.