Results 1 to 16 of 16

Thread: Visiting with high cap mags

  1. #1
    Regular Member
    Join Date
    Sep 2015
    Location
    Utah
    Posts
    20

    Visiting with high cap mags

    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.

  2. #2
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    You aren't bringing any in. They are owned by your resident friend, and have been for five years.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  3. #3
    Regular Member
    Join Date
    Jul 2014
    Location
    Jefferson County, CO
    Posts
    260
    C.R.S. 18-12-302 (2)(a):
    Quote Originally Posted by LexisNexis.com
    (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.

  4. #4
    Regular Member solus's Avatar
    Join Date
    Aug 2013
    Location
    here nc
    Posts
    6,867
    Quote Originally Posted by jackrockblc View Post
    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
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

  5. #5
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    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.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  6. #6
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,728
    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?

  7. #7
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,728
    Also, it says any person. It does not say any legal resident.

  8. #8
    Regular Member
    Join Date
    Sep 2015
    Location
    Utah
    Posts
    20
    Could always call the attorney general for clarification.

  9. #9
    Regular Member
    Join Date
    Sep 2015
    Location
    Utah
    Posts
    20
    "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.

  10. #10
    Accomplished Advocate color of law's Avatar
    Join Date
    Oct 2007
    Location
    Cincinnati, Ohio, USA
    Posts
    3,728
    Quote Originally Posted by The Macf View Post
    Could always call the attorney general for clarification.
    Im sure the AG will love to give out free legal advice.

  11. #11
    Regular Member
    Join Date
    Sep 2015
    Location
    Utah
    Posts
    20
    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/cli...e=1224_enr.pdf

  12. #12
    Regular Member
    Join Date
    Jul 2014
    Location
    Jefferson County, CO
    Posts
    260
    Quote Originally Posted by color of law View Post
    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.

    Quote Originally Posted by MAC702 View Post
    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."

  13. #13
    Regular Member
    Join Date
    Jul 2014
    Location
    Jefferson County, CO
    Posts
    260
    Quote Originally Posted by The Macf View Post
    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/cli...e=1224_enr.pdf
    In further context, here is the appropriate text (bold mine):

    Quote Originally Posted by House Bill 13-1224
    (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.

  14. #14
    Regular Member F350's Avatar
    Join Date
    Mar 2012
    Location
    The High Plains of Wyoming
    Posts
    1,030
    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.
    Last edited by F350; 12-20-2015 at 11:42 PM.

  15. #15
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    These are STANDARD mags, not high capacity. You should stop using the anti's nomenclature.

  16. #16
    Regular Member
    Join Date
    Dec 2013
    Location
    Colorado
    Posts
    32
    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.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •