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Visiting with high cap mags

The Macf

Regular Member
Joined
Sep 8, 2015
Messages
20
Location
Utah
Visiting Colorado (not Denver) for about a month and want to bring my 17 round pistol mags and 30 round AR mags to do some shooting with some friends while I am there. I have a Florida CCP which is recognized by Colorado but have been finding all kinds of conflicting information about the magazine ban and travelling.

Any help from locals would be greatly appreciated.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
You aren't bringing any in. They are owned by your resident friend, and have been for five years.
 

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
C.R.S. 18-12-302 (2)(a):
LexisNexis.com said:
(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.


There is nothing about importing or bringing them in. As long as you owned it prior to July 2013, I would say you're fine. But I'm not a lawyer, so please keep this in mind.

Now, the police would have the burden of proof to convict in a criminal charge. That would be a tough part on them, especially if you can show you are visiting from out of state and the mags aren't date stamped.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
C.R.S. 18-12-302 (2)(a):


There is nothing about importing or bringing them in. As long as you owned it prior to July 2013, I would say you're fine. But I'm not a lawyer, so please keep this in mind.

Now, the police would have the burden of proof to convict in a criminal charge. That would be a tough part on them, especially if you can show you are visiting from out of state and the mags aren't date stamped.

no the burden of proof is on the owner to prove you owned them prior to the grandfather date...the nice LE respond, confiscate, arrest if you get cranky, and you just provide your innocence in front of a judicial proceeding.

ipse
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
I'm with JackRock on this one. Looks like it doesn't have to be a resident, and my earlier tongue-in-cheek remark could actually be worse, as your friend may not be allowed to loan you his during your stay.

I think most CO sheriffs are on record with knowing they have no way to check and really don't care.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,975
Location
Cincinnati, Ohio, USA
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.

(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.

(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.

Burden is on the prosecution, but is the burden beyond a reasonable doubt or the preponderance of the evidence?
 

The Macf

Regular Member
Joined
Sep 8, 2015
Messages
20
Location
Utah
"Maintains continues possession." Mag's stay on me and empties get thrown in the backseat of a locked vehicle through a slightly open front window.
 

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
Burden is on the prosecution, but is the burden beyond a reasonable doubt or the preponderance of the evidence?

That, I do not know. One would need a more complete legal education than I.

I'm with JackRock on this one. Looks like it doesn't have to be a resident, and my earlier tongue-in-cheek remark could actually be worse, as your friend may not be allowed to loan you his during your stay.

I think most CO sheriffs are on record with knowing they have no way to check and really don't care.

Yup. Even the ONLY case that actually used this law (which just happened a couple of weeks ago) only used it so they could charge him with something. In a private therapy session, the guy admitted he wanted to burn down a local community college, which was reported to police. Then, they got a warrant for his home, and they found some high-cap mags. But it was BS, as they already had him on:
  • Felon in possession of a weapon
  • Possession of a controlled substance (prescription meds that were not his)
  • Suspicion of educational interference

In other words, the law is pointless. And the only existing charge (much less prosecution) of this statute will make zero difference on the lawbreaker's life.

What's more, is that the high-cap magazine charge has been dropped "to facilitate the federal prosecution of the firearm charges."




All of this is a very lengthy way to say "I'm pretty sure you're good to go."
 

jackrockblc

Regular Member
Joined
Jul 13, 2014
Messages
256
Location
Jefferson County, CO
And then there is this:

AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS A LARGE-CAPACITY MAGAZINE;

http://www.leg.state.co.us/clics/cl...E62E6F87257B0100813CB5?open&file=1224_enr.pdf

In further context, here is the appropriate text (bold mine):

House Bill 13-1224 said:
(3) THE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTIONSHALL NOT APPLY TO:
(V) AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS ALARGE-CAPACITY MAGAZINE;

I missed subsection (3)(V), but it is in the original link I posted earlier.
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
A couple years ago I was in a Larimer County gun shop, as I entered I saw a shelf with a variety of "high cap" rifle mags including some 100 round AR mags. I made a crack about following the new law to the owner and he replies that he started selling "repair kits" and no one cared so he started selling the mags and no one cared. He then laughed and said "(Heck) I even sold 3 30 round AR mags to (a local LE official) two weeks earlier, no one gives a (shineola)".

Unless you are in Denver-Boulder area I seriously doubt anyone gives a (shineola) about magazine capacity unless you are busted for something far more serious, most sheriffs and prosecutors have said they won't enforce the "law".

I now live in southern Wyoming and frequently visit the Fort Collins area and openly carry a Para-Ordnance P-14 which has 13 round mags, and openly carry 2 spare mags weak side. Someone who knows guns can tell they are double stack mags and could easily be greater than 15 round mags and no one has said a thing; even had a "Good day" conversation with a Ft. Collins LEO at a stop-n-rob coffee bar one morning and he didn't say a thing.
 
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JG_Buffalo

New member
Joined
Dec 13, 2013
Messages
32
Location
Colorado
Can confirm that while Boulder sheriff and PD are neutral on the law I have not met any officers that care to enforce it. I have discussed with one CUPD officer while hosting a concealed carry class on CU campus that do take the occasional trip to WY for their personal needs. Most mom+pop FFLs sell standard capacity mags(15+) in the open, can't comment on Dick's or Big 5, or Cabelas. The only charges for a "high" capacity magazine were add-on charges for a guy threatening arson against a school so the law is just words on paper, that prevents chain shops and internet retailers from direct sales in the state.
 
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