30-Rnd magazine no-go in Denver?

[Wulf202]

Driving through denver is exempted from the laws it's only for people residing in denver.

Denver allows open carry if you already have a CCW....

[spleify]

Driving through denver is exempted from the laws it's only for people residing in denver.

Denver allows open carry if you already have a CCW....

Very cool, if this information is accurate it is the first I have ever heard someone definitively say.

Most say they dont know what happens to non residence driving through Denver, and I have never heard of the open carry for CCW holders so thanks for that info.

Doesnt matter much to me about the 30 rounders as I am a Denver C&C resident...I know dont hate for it....I only have 20 rounders so I dont have to worry about it.

[rondog]

Denver allows open carry if you already have a CCW....

Um, can you prove this? You wanna lead the parade while the rest of us follow along behind ya?

[Tweety Bird]

. . .
Denver allows open carry if you already have a CCW....

First I've heard of it, too. (Of course, there are LOTS of other things that I haven't heard of, I suppose, but I have no idea what they would be. )

If true, the only way they'll know if you're doing it legally is to stop you and question you about a permit.

Don't think I want that attention drawn to me.

[Tweety Bird]

So it's legal for me as an Elbert County resident to transport my AR through Denver with a 30-round magazine, yet if I lived in the city, I couldn't even possess one? I'm not arguing whether that's correct or not; I'm just astonished at the (il)logic of it. I'm guessing that if they found my AR, they'd try to hassle me, regardless of where I live. Not bashing cops here; hell, my brother is one in COS. I'm just thinking of how it might really play out.

You know that if they have reason to search your car, they're going to look until they find something. I'm guessing that most policemen would rather not get tied up in the paperwork that would go along with that sort of arrest. They're only human, after all. Throw 'em a bone so they won't go any further. (Learned this trick decades ago when Quality Assurance showed up for their inspections.) How about transporting the rifle with a 5-round magazine in it or near it. Stash the others somewhere else in the car, far away from the gun. Maybe they'll see the rifle and legal magazine and let you go on your way.

[mutt]

Driving through denver is exempted from the laws it's only for people residing in denver.

Correct, but be careful. Denver lists this exemption as an affirmative defense:

(3) It shall be an affirmative defense to charges brought under this section that the transportation of an assault weapon:

(a) Is through the city by a nonresident who is in legal possession of an assault weapon; or

Definition of affirmative defense n. when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called "affirmative defenses." These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the "boilerplate" (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

Common language - You have to go to court and prove you're exempt to get the charges dismissed. Meanwhile Denver will confiscate your weapons and gear as evidence for your criminal trial. You get to wait months for your trial date while racking up legal fees, missed work days, etc. Of course the anti-gun Denver DA will spare you this and drop all charges if you just agree to surrender your 'assault weapons'. Considering the legal fess will probably cost more than the value of the weapons, many do just that.

As others have said, the best strategy is to keep your gear in the trunk, know your rights (do not consent to searches) and don't give the Denver PD any reason to probe further if they pull you over.

[Clint45]

Denver allows up to 20 rd magazines.

[Storm]

Driving through denver is exempted from the laws it's only for people residing in denver.

Denver allows open carry if you already have a CCW....

This is incorrect information, open carry in Denver is prohibited with or without a CCW Permit. See http://opencarry.org/co.html. If you OC in Denver, count on having a bad day or more likely a bad year.

In addition, car carry (having a firearm immediately accessible while operating a motor vehicle is) in Denver is also prohibited, unless you have a CCW permit that is valid in the state of Colorado.

As far as the "Assault Weapons/20 round mag limit" law in Denver, you are ok if you are traveling through Denver but do not reside there. However, if stopped by DPD, I would not inform the LEO that I have a long gun w/ mags in the trunk. You do have a 4th Amendment right to privacy and a 5th Amendment right not to have to incriminate yourself. By Colorado law all long guns transported in a vehicle must be (essentially) locked up in the trunk without a round in the chamber.


A Little History Here:
Back a few years ago the legislature and Gov. Owens passed the Firearms Preemption bill which stated that no municipality or sub-government within the state could have firearms laws more restrictive than state law. Thus, giving the state govt. authority over firearms law in Colorado. At the time Denver had some rather restrictive firearms laws, some of which were may issue CCW, no open carry, no car carry, and an assault weapons ban amongst others. Denver sued the state over the preemption law in Denver District Court and essentially won the case. The state appealed the case to the Colorado Supreme Court. By the time the case got to the SC, the Solicitor General of the state (Colorado's state lawyer) at the time of the original case had been appointed to the SC. She recused herself as she had argued the initial case. This left essentially a 3/3 split on the court, a compromised was reached in which, IIRC, Denver was forced to abide by the State shall issue CCW law, a compromise on car carry, but their open carry ban and assault weapons ban and some other laws were upheld. Fast forward a few years and Denver modified their assault weapons ban by allowing the ownership of the said firearm, but limited the capacity of the magazines to 20 rounds.

[Ronin13]

Thanks for that info Storm... So as I understand it, and of course I'm smart enough to know by letting a LEO root through my car with consent but no grounds is a very bad thing, I CAN have my AR with 30-rnd mags driving through Denver as I'm not a resident of the city or county, but there is a chance, and again, if my judgement lapses or whatever and I'm dumb enough to consent to a search, I could be hooked and charged. Well, I do not consent to any searches. Good thing my boss/dad golfs with a lawyer who has a pretty good team backing him up. "If you don't consent to a search, and they do so anyway, they violated the law. Anything recovered in said illegal search is inadmissible in court. If they find an illegally obtained, full auto, AK-47 with a 100 round drum they cannot enter it into evidence as it was located during an illegal search and they have to return it to you." -Lawyer.

[Ranger]

Let's see, I live in Denver and have about 65 30 round magazines for my AR, at least 12 13's for my Glock and a number of other bad things. Guess I'm going to be somebody's bitch soon .