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First "High Capacity" magazine charge in Colorado

Dario

Regular Member
Joined
Oct 9, 2013
Messages
204
Location
Larimer County, CO
http://www.coloradoan.com/story/new...acity-magazine-charge-filed-larimer/74887236/

Moscow was taken into police custody from the 72-hour hold on suspicion of educational interference, illegal possession of a weapon and possession of a large-capacity magazine, which is illegal in Colorado.

Convicted felon. I wonder how this will play out. Will they use misdemeanor mag law as a plea bargain tool and set a precedent at the same time? Did he keep receipts? Otherwise how can they prove he acquired it/them after July 2013?
 

Grapeshot

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May 21, 2006
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35,317
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Valhalla
Standard capacity magazine = high capacity magazine :banghead:

There must be a lack of oxygen in the mile high city.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
first the agitated individual was put on a 72-hour mental health hold for allegedly making threats of killing someone, tis a common occurrence in the mental health field.

now, not being a legal beagle, i cannot substantiate the legality of the LE's search of his home based on a MH professional's word of what they heard discussed in their session. therefore, the nice LEs had to come to articulate suspicion enough to convince a judge to issue a warrant...or they did it w/o a warrant ~ :eek: !!

second, the article states the individual was not been charged with making threats ~ that would entail the MH professional testify, in court or on paper, exactly what was said, the client's frame of mind, why the client was there (anger mgmt session?) and so forth during their session. trust me the MH professional isn't going to want to play in that judicial proceeding what so ever as if word got out they would lose clients and their credibility. therefore this portion of the article is believable!!

guess the agitated individual defense is strictly one based on legality of the search, which i believe you will discern is eventuality thrown out once the newsworthiness wears out.

however, me thinks the poor agitated client ran into a sweet anti (guessing female) who turned the individual in, solely based on their weary perspective of firearms. if i were the client...a complaint would be filed with DORA over their behaviour. personally, i have never heard of a 27-65-105. Emergency procedure instigated precipitating a residence search.

finally, i am confused why someone under arrest, released after posting bond, would be on an ankle monitor under the charges of high capacity mag?

ipse

a side bar: i am sure the agitated individual also had all their firearms taken during the preemptive residence search...is he capable of getting them back, minus the hi cap mag?

the full unbiased story...http://www.coloradoan.com/story/new...llegedly-threatening-front-range-cc/74692168/
 
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Dario

Regular Member
Joined
Oct 9, 2013
Messages
204
Location
Larimer County, CO
Is the law ex post facto of possession or acquisition?

Yes. All magazines regardless of capacity but were acquired before July 1, 2013 are exempt. Many LGS are selling mag repair kits that have all the parts allowing one to skirt the law, since it wasn't technically a magazine when it was purchased.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Prolly searched under the community caretaking exception.

That's the very best reason that I can think of for staying out of the system. A mortician might be better than a psychiatrist.

sorry night i late posted a better and unemotional article: http://www.coloradoan.com/story/news...e-cc/74692168/

and it was the community college's social worker? (not listed in DORA) who notified the nice LE's and it sounds like she swatted him against other threats, not made by Moscow, of violence against the CCollege in recent days/weeks.

ipse
 
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davidmcbeth

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Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
In Connecticut, the first charge of this type is an infraction. I'm surprised someone has not just gone into the Gov's office and plunked down one of the standard mags just to challenge this.

These idiots should stop using the phrase "high capacity".


We had to "registrerer dem" LOL. Now all these folks are concerned about confiscation..dummies who registered anything.
 

Dario

Regular Member
Joined
Oct 9, 2013
Messages
204
Location
Larimer County, CO
In Connecticut, the first charge of this type is an infraction. I'm surprised someone has not just gone into the Gov's office and plunked down one of the standard mags just to challenge this.

These idiots should stop using the phrase "high capacity".


We had to "registrerer dem" LOL. Now all these folks are concerned about confiscation..dummies who registered anything.

Thankfully registration is prohibited by state law here. Which makes the whole "universal background check" law a complete joke.
 
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