Road trip later this summer...

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Sypher....

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To visit family in the once great state of CO. I know they made it illegal to posses a magazine that holds more than 15 rounds, unless you owned said magazines prior to the date of the law going into effect. Should I be concerned about any 17 round magazines I maybe carrying (which were purchased prior to said law) in my concealed carry gun? It's my understanding that most law enforcement agencies aren't enforcing this for a number of reasons, one being there is no way to tell when the "offending" magazines were purchased.
 
...Should I be concerned about any 17 round magazines I maybe carrying (which were purchased prior to said law)....

Answers will need to be backed up with verifiable, credible evidence or legal authority (statutes/case law). No anecdotes, guesses or speculation.

Bad information can cause the OP to possibly get himself into trouble.
 
I spent a few minutes researching about the op question. I couldn’t find an answer except anything made before July 1st 2013 is ok. (I found that of the Giffords website which I refuse to link to as they are anti’s) I won’t tell you what do, just I travel and shoot in Colorado and none of my magazines have a date on them. I wouldn’t do the same traveling through states like ny. Ymmv.
 
I sometimes ponder things like this, try to apply logic, know I'm probably right, then ask myself, "do I wish to become the test case?"

Case in point: HR 218 and LEOSA say the federal law supercedes local and state law. In other words, out of state LEO's and retired officers who've requalified annually can carry in any state, no further obligation to do anything. HI says you must register with them within a few days of arriving.

Wait, that's bogus, I don't have to do anything according to the Feds. Return to "do I want to be the test case'?

If you really want to get wild and crazy, shoot a letter off to their attorney general's office and ask if the grandfather clause includes out of staters. Be prepared to show invoices showing purchases before the cut off date.
 
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You got me thinking. If the gun you may bring into Colorado is a Glock 17. They do make 15 round magazines for them. Always an excuse to buy more mags. I know that’s giving into “the man”. I sometimes carry a spare mag with a few less rounds due to weight.
 
I cannot say I made more than a cursory trip through the CO statutes.
But, what I did see mostly pertained to citizens of CO, not out-of-state visitors. It was tough searching as most of the stuff referring to out-of-state persons appeared directed towards CHL holders. And most of that seemed to be addressed towards those wanting a CO CHL.

I have to admit to being far better at navigating CO's Building Codes than the rest of the statutes.

But, at first blush, it's almost as if no consideration was made for persons just visiting (or just transiting) the State. Which seems likely. If not logical. But the law answers to the law, not logic.
 
It doesn't say anything about visitors.



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 18-12-506 (6), 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.
 
I sometimes ponder things like this, try to apply logic, know I'm probably right, then ask myself, "do I wish to become the test case?"

Case in point: HR 218 and LEOSA say the federal law supercedes local and state law. In other words, out of state LEO's and retired officers who've requalified annually can carry in any state, no further obligation to do anything. HI says you must register with them within a few days of arriving.

Wait, that's bogus, I don't have to do anything according to the Feds. Return to "do I want to be the test case'?

If you really want to get wild and crazy, shoot a letter off to their attorney general's office and ask if the grandfather clause includes out of staters. Be prepared to show invoices showing purchases before the cut off date.
Normally I would probably say it's better to ask forgiveness than permission... But in this case, I don't have much discretionary income to cover being a test case.
I'll save asking for forgiveness rather than permission for the Mrs. ;)
 
You got me thinking. If the gun you may bring into Colorado is a Glock 17. They do make 15 round magazines for them. Always an excuse to buy more mags. I know that’s giving into “the man”. I sometimes carry a spare mag with a few less rounds due to weight.
A 15 round magazine is possible, though there are other things I would rather spend the money on.
I had wondered what would happen if I just carried 15 rounds in a 17 round magazine, and the Mrs asked the same thing. I'm assuming they would still take issue because the capacity is greater than what the law allows.
Like above, I don't want to be the test case unless someone else is footing the bill, and potentially serving the sentence!
 
I think you should be cautious, Remember its illegal to possess mags over 15 round before certain date. Beside that......All mags over 15 are illegal in and bring brought in.
I agree about being cautious, but nothing is explicitly said regarding brining them in, just purchasing after the law went into affect.
 
Agreed. The interesting thing about this whole mess is burden of proof for the purchase date falls upon the prosecutor. I just don't see them wasting their time in this.

I don't find that part interesting because that's how its supposed to work....Innocent until proven guilty.


What I think is odd is that it doesn't mention bringing them in at all. All of the other states that have similar laws, that I've read, mention something. Usually its written in a way that grandfathers only residents to discourage people moving into the state with 1,000,000 grandfathered mags and having them get lost in a boating accident.
 
I don't find that part interesting because that's how its supposed to work....Innocent until proven guilty.
I agree 100%. It just seems that when it comes to firearm laws, when they are written, especially by Democrats, they make them more onerous for the gun owners (I may be "painting" with broad strokes, but that is how I feel).
 
I guess the law has a loop hole, Call you local sheriff and present this question to him i bet he would provide better insight on this.
I would be more inclined to do this vs contacting the AG, even though the AG is his boss. The problem I could see running into is the sheriff saying he isn't enforcing it, then getting pulled over in another jurisdiction which does enforce ito_O
 
..... and neither of those conversations will help in court.

Personally, I'd but a mag or 2 just so it wouldn't be in the back of my mind worrying about it during vacation. I've done it.

The side benefit is that you'll always know those mags will work in the future because you'll never wear them out. :thumbup:
 
Can some one find where CO identifies what a "person" is as used in statute?
I'm not finding anything concrete.
And 18-12-302 uses "person" as part of its language.
If we can locate something which defines CO citizens and visitors, that might be key.
Maybe.
Perhaps.
I'm not entirely sure a presumption that all non-residents must be aware and comply with all State law would pass a "reasonable man" sort of standard. But, that treads dangerously upon using the logic of the common man, rather than the letter of the statute.
 
Just curios but how does this apply to belt fed links? I ask because I own a pre 86 M16 and I’m thinking about moving to (or purchasing a second home) in Colorado.

I’ve also been looking at a Fightlite MCR but see they don’t ship to Colorado among other states. I don’t see why this would be a problem though since it uses disintegrating links.

If I were the original poster of this thread I think I would just purchase a 15 round magazine. I’ve got a road trip scheduled out to Colorado this summer too. I am only bringing my Glock 19 with 15 round magazines. It would be one thing if you were a resident there but as a visitor I think I would be extra cautious.

Thanks,

Dan
 
https://www.colorado.gov/pacific/cbi/firearmstatutes


https://advance.lexis.com/documentp...kkk&prid=d099f5e8-dfb1-4032-8dfa-532fd6fab1c2

18-12-101. Definitions - peace officer affirmative defense
(1) As used in this article 12, unless the context otherwise requires:
(a) "Adult" means any person eighteen years of age or older.
(a.3) "Ballistic knife" means any knife that has a blade which is forcefully projected from the handle by means of a spring-loaded device or explosive charge.
(a.5) "Blackjack" includes any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of lead or other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact.
(b) "Bomb" means any explosive or incendiary device or molotov cocktail as defined in section 9-7-103, C.R.S., or any chemical device which causes or can cause an explosion, which is not specifically designed for lawful and legitimate use in the hands of its possessor.
(b.5) "Bureau" means the Colorado bureau of investigation created in section 24-33.5-401, C.R.S.
(c) "Firearm silencer" means any instrument, attachment, weapon, or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.
(d) "Gas gun" means a device designed for projecting gas-filled projectiles which release their contents after having been projected from the device and includes projectiles designed for use in such a device.
(e) Repealed.
(e.5) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.
(e.7) "Juvenile" means any person under the age of eighteen years.
(f) "Knife" means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.
(g) "Machine gun" means any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.
(h) "Short rifle" means a rifle having a barrel less than sixteen inches long or an overall length of less than twenty-six inches.
(i) "Short shotgun" means a shotgun having a barrel or barrels less than eighteen inches long or an overall length of less than twenty-six inches.
(i.5) "Stun gun" means a device capable of temporarily immobilizing a person by the infliction of an electrical charge.
(j) Repealed.
(2) It shall be an affirmative defense to any provision of this article that the act was committed by a peace officer in the lawful discharge of his duties.




https://advance.lexis.com/documentp...9kk&prid=4f011728-3761-4255-95c3-bf3b35f4bcf5



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:
(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.
 
I am not advocating you break the law. I suggest you buy a 15 round magazine and use it. If being two rounds short of standard capacity really bugs you, depending on where you are going, it is entirely possible you can pick up a standard capacity magazine there.

There usually isn't a shortage of magazines in most parts of the state.
 
This has been going on for several days, and there's been no significant progress. And in real life there often is no definitive answer.

So it looks like the OP will need to make a decision on the information he has so far.

But if anyone has found any definitive legal authority on the question, let me know by PM; and I'll consider re-opening the thread.
 
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