Colorado Mag Ban before State Supreme Court

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IlikeSA

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The magazine ban that was passed in 2012, despite all the effort against it, is finally being reviewed by the Colorado Supreme Court. According to the article, there were magazines in use with a capacity of 15+ rounds in the 1870's when the State Constitution was written, which was the legislative limit set in Colorado recently. I thought I would share the links for those interested in reading them.

The article is here: https://pagetwo.completecolorado.co...-magazine-ban-before-the-state-supreme-court/

The brief can be found here: http://www.davekopel.com/Briefs/CLEFIA-and-Sheriffs-Amicus-brief.pdf

What is everyone's thoughts regarding standard capacity magazines and using law enforcement use to justify them as an option for non-law enforcement?

I personally thought it was a mistake to hitch our wagon to that, or the concede that perhaps standard capacity magazines could be regulated by the necessity of a concealed carry permit. (in the brief).
 
I’m an LEO in Colorado, and every magazine I carry has a capacity of more than 15 rounds (this wasn’t the case with my last duty weapon, but is with my current one). There’s no justification for restricting civilians from owning these magazines. Evil sits in the heart of man, not at the bottom of an extra deep magazine well.
 
Who exactly determined what a standard capacity mag was vs a high capacity?
Is it the same people that determine what a "assault" weapon is?

I have a revolver that holds 8 rounds of 357 mag. Is that a high capacity revolver compared to say a more tradition 5 or 6 shot?

I believe it was someone like Cuomo

"Nobody needs 10 Bullets to kill a deer!"
 
I love how the anti-gun politicians still think that the 2nd Amendment is about hunting.
.
And one major problem is that we don't hear enough people say that hunting was not part of the equation when the second was written.
 
I love how the anti-gun politicians still think that the 2nd Amendment is about hunting.

Hopefully the Colorado courts will see this as it should be, but I’m not holding my breath.

They know the Second isn't about hunting. They twist it to hunting in order to mollify Joe Fudd that they aren't going to take away his hunting rifle or shotgun. Gun owners who know better that in the end Joe Fudd is not going to be able to keep his firearms.
 
The magazine situation here has gotten pretty weird since the 2013 "ban".

At first nobody sold anything that could be over 15 rounds, then a few gonzo shops started selling disassembled mags in a plastic bag as a "repair kit". Fast forward to summer 2019, and I would say that 50% of LGS sell full capacity mags again, and the Tanner show in Denver Metro (not Denver itself) is a magazine free-for-all. However, the large chain stores, like Cabela's, Sportsman's and Scheel's, are following the "15 or less" law.

I am not sure what to make of it.
 
The magazine situation here has gotten pretty weird since the 2013 "ban". At first, nobody sold anything that could be over 15 rounds, then a few gonzo shops started selling disassembled mags in a plastic bag as a "repair kit". Fast forward to summer 2019, and I would say that 50% of LGS sell full capacity mags again, and the Tanner show in Denver Metro (not Denver itself) is a magazine free-for-all. I am not sure what to make of it.

They never stopped selling them in Colorado Springs.
 
I thought the SCOTUS had already ruled the 2nd as right to self defense. I do not recall anything about hunting.
 
I thought the SCOTUS had already ruled the 2nd as right to self defense. I do not recall anything about hunting.

The Supreme Court never ruled that the Second Amendment is right to self-defense. It ruled that the second amendment protects an individual right to own a firearm not connected to service in the militia.

You might want to do some research
 
Held:
1. The Second Amendment protects an individual right to possess a
firearm unconnected with service in a militia, and to use that arm for
traditionally lawful purposes, such as self-defense within the home.

So Heller allows firearms to be used for traditional lawful purposes. Self defense is explicitly mentioned. Hunting is not, but is certainly covered by traditional lawful purposes.

Hunting is NOT the primary purpose, and saying something is not needed for hunting and is therefore not covered by the Second is a faulty argument.
 
i sure hope it gets tossed out as being unconstitutional.....

everybody I talk to about it figures that it's not being enforced, it's easy to work around and magazines aren't dated, so who cares?

but eventually, the children born after the effective date will then provably not be able to own standard capacity 16+ mags.
so, it just lays there waiting. which sucks
 
What does the Colorado magazine law prohibit? Does it say you can't buy 15+ round magazines? Or that you can't sell 15+ round magazines? Or that it is illeagal to possess a 15+ round magazine? Are you supposed to hand in or destroy 15+ round magazines? Are you supposed to leave your 15+ round magazines at the border if you move to Colorado? Are there convience stores in border towns with their rows filled with 15+ round magazines instead of candy? Are there vending machines in the border towns filled with 15+ round magazines?

California has a 10+ round magazine ban don't they? What does their law prohibit? I always had the impression that the CA law prohibited possessing 10+ round magazines?

Back in the Clinton days I think the national law was that you could not manufacture or import 10+ round magazines... which drove 10+ round prices up to $125+ while he was in office. I had a Ruger P85 with six 15 round magazines... I was able to swap it straight across for my very lightly used Beretta 92 INOX with two 15 round magazines... I think the gun store sold my magazines in SGN and threw my P85 in the garbage.

ShotGun News
 
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Magazines over 15 rds owned on or before June 30, 2013, may be retained. No new purchases or transfers. Law unclear about people moving into state after June 30, 2013.
 
What does the Colorado magazine law prohibit? Does it say you can't buy 15+ round magazines? Or that you can't sell 15+ round magazines? Or that it is illeagal to possess a 15+ round magazine? Are you supposed to hand in or destroy 15+ round magazines? Are you supposed to leave your 15+ round magazines at the border if you move to Colorado? Are there convience stores in border towns with their rows filled with 15+ round magazines instead of candy? Are there vending machines in the border towns filled with 15+ round magazines?

California has a 10+ round magazine ban don't they? What does their law prohibit? I always had the impression that the CA law prohibited possessing 10+ round magazines?

Back in the Clinton days I think the national law was that you could not manufacture or import 10+ round magazines... which drove 10+ round prices up to $125+ while he was in office. I had a Ruger P85 with six 15 round magazines... I was able to swap it straight across for my very lightly used Beretta 92 INOX with two 15 round magazines... I think the gun store sold my magazines in SGN and threw my P85 in the garbage.

ShotGun News


C.R.S. 18-12-302


COLORADO REVISED STATUTES

* This document reflects changes current through all laws passed at the
Second Regular Session of the Sixty-Ninth General Assembly
of the State of Colorado (2014)
and changes approved by the electorate at the November 2014 election *

TITLE 18. CRIMINAL CODE
ARTICLE 12. OFFENSES RELATING TO FIREARMS AND WEAPONS
PART 3. LARGE-CAPACITY AMMUNITION MAGAZINES

C.R.S. 18-12-302 (2014)

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.

(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.
 
So is the fact that it’s only a misdemeanor the reason why people don’t take the magazine ban seriously in Colorado? The moderators here are usually pretty strict about not posting illegal activity but a search on these forums revealed many Colorado residents openly talking about ignoring the laws.

I just got back from a trip out there yesterday (Ft. Collins) and before I left I looked into Colorado gun laws. From what I had been reading it sounded like Colorado had become California or New York in regards to firearms laws.

But after actually doing some research on it the gun laws out there aren’t really bad at all compared to many places in the country. No AWB, shall issue CCW, no NFA restrictions, open carry ok, castle doctrine and plenty of room to shoot! Other than the 15 round limit it’s actually a pretty good place to be a gun owner.

Dan
 
Good question.

Simply reporting on the status of what is being sold and where is not admitting to illegal activities.

Also, part of the reason may be that a majority of the LEO around the state have indicated that they won't be enforcing said "law", and it has only been used a few times as an add on for other charges, even in the Denver Metroplex.
 
I guess I don’t mean reporting on what other people are doing I’m talking about people who are members here actually talking about things like:

- Purchasing mags out of state and just driving them in.

- Or one member here said he just has them shipped to a relative out of state who them forwards them to his address in Colorado.

- Another person said on this forum when he purchases a firearm it comes with the magazine disassembled. When he gets home he just reassembles it.

Don’t get me wrong. I think all of this is great! If we’re going to have sanctuary cities and marijuana legalization in certain states then gun owners might as well do the same! I guess if “law enforcement” in Colorado is on your side that is much bigger advantage than “law makers” on your side.

Law Enforcement > Law Makers

I just never hear about people in New York State or California doing the same thing so blatantly. Only curious what makes Colorado different.

Dan
 
What is everyone's thoughts regarding standard capacity magazines and using law enforcement use to justify them as an option for non-law enforcement?

The justification is more about legitimate self-defense use, than just a blanket one regarding LE. The Kopel brief lays that out in the opening statement: "Sheriffs and deputies possess standard capacity magazines—up to about 20 rounds for handguns, and 30 rounds for rifles—for the same reason that law-abiding citizens should: they are best for lawful defense of self and others."

I don't see a problem with that reasoning.
 
Such laws are the wave of the future unless Gorsuch and Cavanaugh transform into Super-Saiyans in SCOTUS. Sorry for the reference, just frustrated with the creep of state laws. Even if local doesn't enforce, the state troopers might be happy to arrest you, if they come across an item.

Kopel is a good guy. Took me and Gary Mauser (a Canadian gun advocate) shooting outside of Boulder quite few years ago.
 
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