Colorado Magazine Ban

[Bat 2919]

OK, Yesterday (032013) the Governor of the state of Colorado signed into law a ban on new magazines that hold more than 15 rounds effective July 1st, 2013.  Magazines owned before that date (the law makes no distinction between Colorado residents and non residents) are not affected by this law and are grandfathered in.  You may keep your pre July, 1 mags, you just may not "Transfer" them (whatever that means, the law doesn't give a definition).  It also places the burden of proof on the state to show you didn't own a magazine you say you did before the deadline.  I'll include a link to a full copy of the text of this law here:

http://legiscan.com/CO/text/HB1224/id/789631

Yes, several sections of this law are very vague and as a result a lawsuit is being filed in an attempt to keep this from becoming law:

http://denver.cbslocal.com/2013/03/20/legal-challenge-already-planned-to-gun-control-laws/

In fact the law was so incomplete that the Governors felt the need to include what he call a "signing statement" (full text below) in an attempt to keep the law from being struck down.  He said it would be the job of the Colorado Secretary of State (a Republican) to write rules for enforcement by state and local agencies.  Bottom line here is let's wait for the dust settle and we'll see how all this shakes out.  Our SoS will put the enforcement guidelines out before July 1st and if the law survives the legal challenges a friendly author will have decided what this poorly written law means.

Gov. Hickenlooper's full statement on the signing of House Bill 1224:

In signing HB13-1224, we acknowledge that some have expressed concerns about the vagueness of the law's definition of "large-capacity magazine." By its terms, the law does make illegal any magazine manufactured or purchased after July 1, 2013, that is capable of accepting, or is designed to be readily converted to accept, more that 15 rounds of ammunition. Similar language is used in other states' statutes limiting large-capacity magazines. We know that magazine manufacturers have produced and sell magazines that comply with these other state laws that limit large-capacity magazines and we are aware of no successful legal challenges to those laws. And when a Colorado-based magazine manufacturer came to us to share their concerns about the vagueness of the definition of "large-capacity magazine" contained in the original version of the bill, we worked with the bill's sponsors to fine-tune the definition to make it more precise.

We also have heard concerns about the requirement in the law that a person who owns a large-capacity magazine prior to the law's enactment may legally possess that magazine only as long as he or she "maintains continuous possession" of it. We do not believe a reasonable interpretation of the law means that a person must maintain continuous "physical" possession of these items. Responsible maintenance and handling of magazines obviously contemplates that gun owners may allow others to physically hold and handle them under appropriate circumstances. We are confident that law enforcement and the courts will interpret the statute so as to effectuate the lawful use and care of these devices.

In considering the language of HB13-1224, we have consulted with the Office of the Attorney General and we concur with its advice that the large-capacity magazine ban should be construed narrowly to ensure compliance with the requirements of the Second Amendment and the Due Process Clause of the 14th Amendment. We have signed HB13-1224 into law based on the understanding that it will be interpreted and applied narrowly and consistently with these important constitutional provisions.

To this end, today we are directing the Colorado Department of Public Safety to consult with the Office of the Attorney General and others, as necessary, with respect to the interpretation of HB13-1224's large-capacity magazine ban, and then to draft and issue, to law enforcement agencies in the State of Colorado, technical guidance on how the law should be interpreted and enforced. This work should be done by July 1, 2013, the law's effective date.

[Border Ruffian]

IF we can still bring them in from out of state for our own use at matches the rest of us should be OK.

[DeaconKC]

And that is the big IF.....

[Border Ruffian]

I hope our Colorado brothers and sisters get this crummy law overturned.

[1961MJS]

IF we can still bring them in from out of state for our own use at matches the rest of us should be OK.

Hi

I'd be hesitant to bring in anything perceived to be illegal, into any state.  I don't like bringing guns I own into Illinois when I go visit my Mom.

Later

[Pitspitr]

I had contacted the Colorado State Attorney General's office and they declined to send me a meaningful reply so I then contacted the Colorado State Patrol and the following is their reply:

Mr. Davenport:

In regards to your inquiry regarding magazines and round limitations: you ARE grandfathered in and therefore not subject to any confiscation or action for possessing a magazine that holds 16 or more rounds.  There is no documentation you need to have with you.  In regards to transporting them into the state of Colorado there is no issue with importing them.  The only issue would be the transferring and/or sale of any "high capacity" magazine.  If you are bringing them into the state and keeping them, there is no issue.

If you have any other questions or concerns please feel free to contact me directly and I will do my best to answer them for you.

Enjoy your time in Colorado!

--
Trooper Josh K. Lewis
CSP Public Affairs
700 Kipling St.
Lakewood CO 80215
303-239-4583
Joshua.Lewis@state.co.us