Enforce What?

[james_bond_007]

So what does "maintain continuous possession" mean ?

If I leave them at home when I go to work, have I relinquished my possession of them ?

Do I have to prevent any other person's access to them by, perhaps, locking them in a safe with me being the only one to know the combination ?

EX: I understand (and maybe incorrectly...someone jump in if I am off base) that there may be circumstances when a convicted felon OWNS a weapon, but is not in possession of it. Such as if he/she owns several weapons, serves time, is released and returns home. If he/she owned any weapons, he/she STILL owns those weapons, but cannot POSSESS them. They often have to be given to others or sold by another on the felon's behalf.

[JMBD2112]

If doing this before 01JUL13 - NO
Not unless you drove through a state that has them banned (such as NY; note- I'm not implying that you might go through NY, just using it as an example).

If doing this on/after 01JUL13 - YES
The bill also says you must own and maintain continuous possession of the mags being grandfathered in.
Note: Continuous Possession is not defined in the bill
In a case where you own them, and they are located in TENN, and you try to bring them back after 01JUL13, you MAY have not satisfied the "maintain continuous possession" clause.

That's what I was getting at, but unless they catch it in transit, they couldn't prove it other wise

[james_bond_007]

Does it address travel? as in going to Wyoming. then coming back across the border.

HB-1224 does not address this.

It seems like coming back to Colorado WITH the mag presents a possible issue.
There is no good way to prove the exact mag you are transporting was grandfathered in.

POSSIBLE SCENARIOS:
1) Mag (w or w/o date code) could have been yours prior to 01JUL13 and you are just bringing it back
2) Mag has a date code prior to 01JUL13, COULD have been purchased outside of CO, and you are bringing in contraband
3) Mag with NO date code COULD have been purchased outside of CO and you are bringing in contraband

If a LEO stops you (and wants to pursue arrest based on finding a contraband mag) the LEO can't tell which scenario is occurring. The LEO is likely to err on the side of caution, arrest you, confiscate the mag (and perhaps the rifle as well) and let the courts sort it out, most likely at YOUR expense.

[james_bond_007]

That's what I was getting at 007, but unless they catch it in transit, they couldn't prove it other wise

In my opinion, (and that's not saying much) , the transit part does not have anything to do with it. As I read the bill, it has to do with own and possess prior to 01JUL13
AND
the inability to distinguish a specific mag owned and possessed prior to 01JUL13 and post 01JUL13
AND
the cost to secure justice.

It seems like the "Mag Police" could find you at a range with a legally grandfathered mag, and arrest you for probable cause of having contraband and confiscate your mag(s) and rifle.
You will be faced with
1) Go to trial and suffer the expensive burden of defending yourself (Note: They don't have to HAVE a case; they just have to prolong things and make it painfully expensive for you to pursue your case at trial)
You MAY LIKELY win....but it WON'T be cheap.

2) Plea bargain, probably trading your mag and rifle for dismissal of your case, because you choose the cheaper way out.

The mag having a pre-ban date code, by itself, does not constitute a "legally grandfathered mag". It is coupled by WHEN you acquired ownership and IF you ever relinquished continuous possession.

...and please steer me in the right direction if you believe I'm "missing something" in some way

[james_bond_007]

That's what I was getting at, but unless they catch it in transit, they couldn't prove it other wise

How about yet another scenario:

1) You arrive in TENN on 30JUN13
2) You go get your mags (and even buy some more mags from your friends back in TENN)
3) You now own and possess mags prior to 01JUL13 (NOTE: HB1224 does not say anything about WHERE you can own and possess them).
4) You return to Colorado on 06JUL13 with the mags (giving yourself time for your hangover from the party on the 4th to go away before driving back)

Technically, you have met all requirements of HB1224 and own and possess legally grandfathered mags.

....but try telling that to the cop that stops you on your way back.

[Great-Kazoo]

How about yet another scenario:

1) You arrive in TENN on 30JUN13
2) You go get your mags (and even buy some more mags from your friends back in TENN)
3) You now own and possess mags prior to 01JUL13 (NOTE: HB1224 does not say anything about WHERE you can own and possess them).
4) You return to Colorado on 06JUL13 with the mags (giving yourself time for your hangover from the party on the 4th to go away before driving back)

Technically, you have met all requirements of HB1224 and own and possess legally grandfathered mags.

....but try telling that to the cop that stops you on your way back.

Telling them WHAT?? Like dude i'm running mags to the state of CO.
OR, Sure Officer please search my vehicle, by all means i'll sign anything you ask Some of you guys hysterics over this shit is beyond insane.
OMG WHAT IF????????????????????
WHAT IF WHAT? What if you get stopped. Follow procedure SHUT UP, don't ramble and break out in a sweat like come cocaine cowboy runnin 40 keys of columbian toothpaste.
You act or look guilty and any seasoned LE will smell it on you like aftershave on prom night.

[brutal]

I for one am resisting the urge to even comment on something none of us should postulate on until we see how the ""law" for lack of a better term is written.

I just don't see the enforceability.

[james_bond_007]

Telling them WHAT?? Like dude i'm running mags to the state of CO.
OR, Sure Officer please search my vehicle, by all means i'll sign anything you ask Some of you guys hysterics over this shit is beyond insane.
OMG WHAT IF????????????????????
WHAT IF WHAT? What if you get stopped. Follow procedure SHUT UP, don't ramble and break out in a sweat like come cocaine cowboy runnin 40 keys of columbian toothpaste.
You act or look guilty and any seasoned LE will smell it on you like aftershave on prom night.

Jim, you never fail to entertain me with your responses. All seem to center around SOMETHING to do with too much or not enough use of some kind of SEARCH function

You know darn well what I was getting at with my "Scenario"...

[brokenscout]

I see a lot more police shootings where " criminals"(former law abiding citizens) are shot. And then it is covered up.

[Kraven251]

Duck Season, Rabbit Season, Duck Season, Rabbit Season ...Gun Owner Season, it just came in and we are going to have to deal with it until we can get this shit off the books.