EDIT: I'm a moron. I posted the bill summary, not the actual bill. Here's the proper stuff:
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 3 to article 12
of title 18 as follows:
PART 3
LARGE-CAPACITY AMMUNITION MAGAZINES
18-12-301. Definitions. AS USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "BUREAU" MEANS THE COLORADO BUREAU OF INVESTIGATION
CREATED AND EXISTING PURSUANT TO SECTION 24-33.5-401, C.R.S.
(2) (a) "LARGE-CAPACITY MAGAZINE MEANS:
NOTE: The governor signed this measure on 3/20/2013.
________
(I) A FIXED OR DETACHABLE MAGAZINE, BOX, DRUM, FEED STRIP, OR
SIMILAR DEVICE CAPABLE OF ACCEPTING, OR THAT IS DESIGNED TO BE
READILY CONVERTED TO ACCEPT, MORE THAN FIFTEEN ROUNDS OF
AMMUNITION;
(II) A FIXED, TUBULAR SHOTGUN MAGAZINE THAT HOLDS MORE
THAN TWENTY-EIGHT INCHES OF SHOTGUN SHELLS, INCLUDING ANY
EXTENSION DEVICE THAT IS ATTACHED TO THE MAGAZINE AND HOLDS
ADDITIONAL SHOTGUN SHELLS; OR
(III) A NONTUBULAR, DETACHABLE MAGAZINE, BOX, DRUM, FEED
STRIP, OR SIMILAR DEVICE THAT IS CAPABLE OF ACCEPTING MORE THAN
EIGHT SHOTGUN SHELLS WHEN COMBINED WITH A FIXED MAGAZINE.
(b) "LARGE-CAPACITY MAGAZINE" DOES NOT MEAN:
(I) A FEEDING DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO
THAT IT CANNOT ACCOMMODATE MORE THAN FIFTEEN ROUNDS OF
AMMUNITION;
(II) AN ATTACHED TUBULAR DEVICE DESIGNED TO ACCEPT, AND
CAPABLE OF OPERATING ONLY WITH, .22 CALIBER RIMFIRE AMMUNITION; OR
(III) A TUBULAR MAGAZINE THAT IS CONTAINED IN A LEVER-ACTION
FIREARM.
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 SUBSECTION (1) OF THIS SECTION
AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF SAID SUBSECTION
(1) COMMITS A CLASS 1 MISDEMEANOR.
(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.
(2)
(a) A PERSON MAY POSSESS A LARGE-CAPACITY MAGAZINE IF HE
OR SHE:
(I) OWNS THE LARGE-CAPACITY MAGAZINE ON THE EFFECTIVE DATE
OF THIS SECTION; 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.
(3) THE OFFENSE DESCRIBED IN SUBSECTION (1) OF THIS SECTION
SHALL NOT APPLY TO:
(a) AN ENTITY, OR ANY EMPLOYEE THEREOF ENGAGED IN HIS OR HER
EMPLOYMENT DUTIES, THAT MANUFACTURES LARGE-CAPACITY MAGAZINES
WITHIN COLORADO EXCLUSIVELY FOR TRANSFER TO, OR ANY LICENSED GUN
DEALER, AS DEFINED IN SECTION 12-26.1-106 (6), C.R.S., OR ANY EMPLOYEE
THEREOF ENGAGED IN HIS OR HER OFFICIAL EMPLOYMENT DUTIES, THAT
SELLS LARGE-CAPACITY MAGAZINES EXCLUSIVELY TO:
(I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES;
(II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE
STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED STATES
GOVERNMENT;
(III) A FIREARMS RETAILER FOR THE PURPOSE OF FIREARMS SALES
CONDUCTED OUTSIDE THE STATE;
(IV) A FOREIGN NATIONAL GOVERNMENT THAT HAS BEEN APPROVED
FOR SUCH TRANSFERS BY THE UNITED STATES GOVERNMENT; OR
(V) AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS A
LARGE-CAPACITY MAGAZINE; OR
(b) AN EMPLOYEE OF ANY OF THE FOLLOWING AGENCIES WHO BEARS
A FIREARM IN THE COURSE OF HIS OR HER OFFICIAL DUTIES:
(I) A BRANCH OF THE ARMED FORCES OF THE UNITED STATES; OR
(II) A DEPARTMENT, AGENCY, OR POLITICAL SUBDIVISION OF THE
STATE OF COLORADO, OR OF ANY OTHER STATE, OR OF THE UNITED STATES
GOVERNMENT; OR
(c) A PERSON WHO POSSESSES THE MAGAZINE FOR THE SOLE PURPOSE
OF TRANSPORTING THE MAGAZINE TO AN OUT-OF-STATE ENTITY ON BEHALF
OF A MANUFACTURER OF LARGE-CAPACITY MAGAZINES WITHIN COLORADO.
18-12-303. Identification markings for large-capacity magazines
- rules. (1) A LARGE-CAPACITY MAGAZINE THAT IS MANUFACTURED IN
COLORADO ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION MUST
INCLUDE A PERMANENT STAMP OR MARKING INDICATING THAT THE
LARGE-CAPACITY MAGAZINE WAS MANUFACTURED OR ASSEMBLED AFTER
THE EFFECTIVE DATE OF THIS SECTION. THE STAMP OR MARKING MUST BE
LEGIBLY AND CONSPICUOUSLY ENGRAVED OR CAST UPON THE OUTER
SURFACE OF THE LARGE-CAPACITY MAGAZINE.
(2) THE BUREAU MAY PROMULGATE SUCH RULES AS MAY BE
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO RULES REQUIRING A LARGE-CAPACITY MAGAZINE THAT IS
MANUFACTURED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION TO
BEAR IDENTIFYING INFORMATION IN ADDITION TO THE IDENTIFYING
INFORMATION DESCRIBED IN SUBSECTION (1) OF THIS SECTION.
(3) A PERSON WHO MANUFACTURES A LARGE-CAPACITY MAGAZINE
IN COLORADO IN VIOLATION OF SUBSECTION (1) OF THIS SECTION COMMITS
A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED IN ACCORDANCE WITH
SECTION 18-1.3-501.
SECTION 2. Effective date. This act takes effect July 1, 2013.
I see nothing that distinguishes between a Colorado citizen and a non-Colorado citizen. They only use the word 'person'. What I did find was this exception:
(V) AN OUT-OF-STATE TRANSFEREE WHO MAY LEGALLY POSSESS A
LARGE-CAPACITY MAGAZINE;
IANAL, but wouldn't this theoretically protect a legal out-of-stater?
