selling mags out of state under new laws

[Circuits]

Makes it appear that if an individual sells an AR to someone in a different State, (via/through FFL to FFL as required) then the high cap magazine cannot be included in the sale/transfer even if that mag is totally legal in the buyers State???

It is technically illegal to do the transfer of a large capacity magazine yourself, even to an out of state transferee, though you can transfer the mag to an FFL, who would be allowed to transfer it legally to the buyer in another state - CRS 18-12-302(3)(a)(V) "An out-of-state transferee who may legally possess a large-capacity magazine;"

I was incorrect in my earlier reading that only a manufacturer can do it, as 18-12-302(3)(a) includes "... or any licensed gun dealer, as defined in 12-26.1-106(6) .... " in addition to the manufacturer of large capacity magazines.

You could also legally take the mags out of state yourself, and then transfer them to someone else while outside of Colorado, since there is no federal regulation on the possession or transfer of magazines.

[merl]

It is technically illegal to do the transfer of a large capacity magazine yourself, even to an out of state transferee, though you can transfer the mag to an FFL, who would be allowed to transfer it legally to the buyer in another state - CRS 18-12-302(3)(a)(V) "An out-of-state transferee who may legally possess a large-capacity magazine;"

I was incorrect in my earlier reading that only a manufacturer can do it, as 18-12-302(3)(a) includes "... or any licensed gun dealer, as defined in 12-26.1-106(6) .... " in addition to the manufacturer of large capacity magazines.

You could also legally take the mags out of state yourself, and then transfer them to someone else while outside of Colorado, since there is no federal regulation on the possession or transfer of magazines.

I do not see where you can sell (give) your mags to a FFL though. The FFL can sell their stock outside the state but I don't see where an individual within the state can transfer to a FFL.

That section on firearms retailer sales (FFL sales) could easily be read that mags can only be sold out out state with a gun sale.


Yes our property has been deprived of all value without compensation.

[newracer]

It is technically illegal to do the transfer of a large capacity magazine yourself, even to an out of state transferee, though you can transfer the mag to an FFL, who would be allowed to transfer it legally to the buyer in another state - CRS 18-12-302(3)(a)(V) "An out-of-state transferee who may legally possess a large-capacity magazine;"

I was incorrect in my earlier reading that only a manufacturer can do it, as 18-12-302(3)(a) includes "... or any licensed gun dealer, as defined in 12-26.1-106(6) .... " in addition to the manufacturer of large capacity magazines.

You could also legally take the mags out of state yourself, and then transfer them to someone else while outside of Colorado, since there is no federal regulation on the possession or transfer of magazines.

I do not see where you can sell (give) your mags to a FFL though. The FFL can sell their stock outside the state but I don't see where an individual within the state can transfer to a FFL.

That section on firearms retailer sales (FFL sales) could easily be read that mags can only be sold out out state with a gun sale.


Yes our property has been deprived of all value without compensation.

I also do not see where a private individual can transfer to an FFL.

Isn't there a law that states personal property cannot be devalued without compensation?

[Circuits]

I do not see where you can sell (give) your mags to a FFL though.

True, that's more of the ambiguity which will hopefully kill this law.

Section (3) does not exempt law enforcement or military from the provisions of Section (1). It only exempts "An entity, or any employee thereof engaged in his or her employment duties, ... or any licensed gun dealer, as defined in Section 12-26.1-106(6) C.R.S., or any employee thereof engaged in his official employment duties, ..."

A strict reading of the law says that one of those parties mentioned can possess or transfer provided they sell exclusively to one of the classes (I)-(V) ... it does not exempt all of those classes from its own provisions in (1), though. The law, as passed, does not exempt law enforcement or military - it just exempts manufacturers and FFLs who only sell to them.