36 counts of possession of a prohibited large capacity magazine

[Mtneer]

Dumbass got his road rage going and shot at a passing car in a fairly residential area of Gunbarrel (east Boulder). Of course the mag charges are just piling on the serious stuff. Doubt it will ever be reported if they were pre-ban or not. Wouldn't be surprised if he had 30 BX-25s for his Ruger 22 assault rifle and thousands of rounds of evil full metal jacket thingies.

"Detectives developed probable cause for a search warrant ?through additional investigation? and served a search warrant on the house and vehicle, where they found ?a large cache of firearms, ammunition and tactical gear inside the house,? according to the news release. Detectives also found ?suspected bomb-making materials? and called the Boulder County Regional Bomb Squad.

Waters was arrested and booked into the Boulder County Jail on suspicion of attempted second-degree murder, possession of an explosive or incendiary device, criminal mischief and 36 counts of possession of a prohibited large capacity magazine."

https://www.dailycamera.com/2021/11/...murder-arrest/

Don't do stupid things so you don't lose your nice things, forever.

[Little Dutch]

Suspected bomb-making materials

Those sentences always make BP guys nervous. If they?ve got some plumbing materials in the garage too?add-on charge.

Large cache of firearms

How can anyone take these articles seriously. It?s all nonsense gibberish.


ETA- agreed though, don?t be a dumbass.

[BushMasterBoy]

It was almost a Murder Death Kill.

[Hummer]

Dumbass got his road rage going and shot at a passing car in a fairly residential area of Gunbarrel (east Boulder). Of course the mag charges are just piling on the serious stuff. Doubt it will ever be reported if they were pre-ban or not. Wouldn't be surprised if he had 30 BX-25s for his Ruger 22 assault rifle and thousands of rounds of evil full metal jacket thingies.

"[FONT="]Detectives developed probable cause for a search warrant ?through additional investigation? and served a search warrant on the house and vehicle, where they found ?a large cache of firearms, ammunition and tactical gear inside the house,? according to the news release. Detectives also found ?suspected bomb-making materials? and called the Boulder County Regional Bomb Squad.[/FONT]
[COLOR=#1B1B1B][FONT="]

Don't do stupid things so you don't lose your nice things, forever.

The lesson is to never commit a crime of violence or anything that would trigger a search if you own pre-ban magazines. Even if legal prior to the incident, possession becomes unlawful if you commit a crime.

[BPTactical]

Not sure why this is a surprise.
We all know that it is an ancillary charge they will pile on to cement their case.

[eddiememphis]

The lesson is to never commit a crime.

Less words better

[FromMyColdDeadHand]

OR be in a righteous shoot and have them still tear your house apart..

Don't travel with a couple of guns and a 1000 rounds for class and let the hotel maid see them...

And never have a house fire so that someone is sifting through the ashes..

Don't have a kid playing video games where they can get SWATed...

These bans cost them nothing, and just add to one more thing that we have to deal with.

[Martinjmpr]

Unless he admits to it, how are they going to prove he wasn't in possession of them on 07/01/13 as the law requires? The law explicitly states that the burden is on the prosecution to show that he possessed them illegally (i.e. acquired after 7/1/13), the defendant is not required to prove he possessed them legally.

CRS 18-12-302(2)(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.

So, they can CHARGE if they want to, but all he has to do is assert that he possessed them legally and the burden shifts to the prosecution to prove he didn't.

[DDT951]

The lesson is to never commit a crime of violence or anything that would trigger a search if you own pre-ban magazines. Even if legal prior to the incident, possession becomes unlawful if you commit a crime.

Where in the law does possession in your house of pre-ban magazines become unlawful if you commit a crime.

What IS unlawful is

(c) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
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.

Notice DURING the commission of a felony or crime of violence.

You magazines don' become illegal because you committed a crime. You must use them during commission of the crime (and then only felonies or crimes of violence)

[Martinjmpr]

Where in the law does possession in your house of pre-ban magazines become unlawful if you commit a crime.

What IS unlawful is

(c) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION
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.

Notice DURING the commission of a felony or crime of violence.

You magazines don' become illegal because you committed a crime. You must use them during commission of the crime (and then only felonies or crimes of violence)

^^^^^ Correct.

Possessing the magazines during a crime doesn't make legal magazines become illegal magazines.

So if a magazine is legally possessed, this paragraph doesn't kick in.

However, possessing illegal magazines during a felony or crime of violence elevates the charge from a misdemeanor to a felony.