Question for CO folks re: magazine limits

[Rodan]

We will be vacationing in CO later this summer, and will be spending most of our time there knocking around in the back country of the San Juans.

I like to have a rifle when in the boonies, and would like to bring one of my ARs for that purpose. I have a number of magazines that were purchased prior to 2013, so I would be technically legal under the current law in CO as I understand it.

My question is what is the enforcement environment like with the rural and National Forest cops? Do they care? Are they likely to hassle folks?

 

[Smoke]

Here is the text of the law

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.

If you owned the magazine prior to July 2013 you should be in compliance the law. I don't see any thing that prohibits bring one in from out of state but I don't see an exemption either.

There have been people charged under the law but they were all people who had other charges and the magazine restriction was an add on. Having said that I wouldn't base my plans on the cop not enforcing the law.

 

[ISCS Yoda]

Owns the large-capacity magazine on July 1, 2013; and

How does one prove that?????

 

[Smoke]

How does one prove that?????

Burden of proof is on the prosecution.

(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.


If you have a magazine that was introduced after July 13 (Glock 17 gen five) their job is easier.

 

[Smoke]

Important to know if you're carrying a rifle

33-6-125. Possession Of A Loaded Firearm In A Motor Vehicle.
It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.

 

[Rodan]

Here is the text of the text of the law

*snip*


If you owned the magazine prior to July 2013 you should be in compliance the law. I don't see any thing that prohibits bring one in from out of state but I don't see an exemption either.

There have been people charged under the law but they were all people who had other charges and the magazine restriction was an add on. Having said that I wouldn't base my plans on the cop not enforcing the law.

Thank you. I had read the text, and I am legal to possess the magazines in CO under at least two sections of the statute.

What I was really looking for is a "weather report" on the local LE attitude for the law. Sounds like things are pretty reasonable, but I'm willing to bring something other than an AR if necessary to avoid hassles.

And the transportation statute is no big deal. I would never drive around with a chambered rifle in any normal circumstance.

Thanks again.

If any other CO locals have other experiences, I'd love to hear them.

 

[reddog81]

If you want to bring the AR and not deal with the headache you could just bring 10 round magazines. I know it’s ridiculous, but it is an option.

 

[GerSan69]

Well, I retired from there in 2014, and as I recall, there were quite a few sheriffs around the state that opposed those laws. The major complaints were infringement and the burden of proof, which made it essentially a worthless law. No one that I know has ever heard of any prosecutions. IMO not something to worry about too much, if at all. Be nice to the deputies and they'll be nice to you.

 

[Smoke]

Well, I retired from there in 2014, and as I recall, there were quite a few sheriffs around the state that opposed those laws. The major complaints were infringement and the burden of proof, which made it essentially a worthless law. No one that I know has ever heard of any prosecutions. IMO not something to worry about too much, if at all. Be nice to the deputies and they'll be nice to you.

Terry Maketa was one of the most vocal opponents of the law and he stated very clearly that if the law was passed he would be required to enforce it.

Six Years In, Few People Have Been Sentenced Under Colorado’s Large-Capacity Magazine Ban | KUNC

According to this article people were charged under the magazine restriction in 104 cases. They were found guilty and sentenced in 11 cases.

From the article

"Data from Colorado’s Office of the State Court Administrator analyzed by Guns & America show that since 2013, 104 cases have included charges for violating this statute.

Over the six years the ban has been in place, just 11 people, all men in their 20s and 30s, have been convicted and sentenced for violating the magazine ban."

As I said earlier, I don't think knowingly violating a law and hoping the police won't charge you is a good plan. You are essentially betting your future on what kind of mood the next cop you run into is in and from everything I've heard the cops in Colorado are becoming less and less supportive of the second amendment by the year.

 

[gfors]

I can walk into any gun store, in the area, and buy a large capacity magazine...
Most sheriffs have decided that the law is unenforceable, and don't even try, unless there are other charges. And most gun store owners, don't really care about the law, either.
That said, I would get the 10-round mags, just to be safe.

 

[Rob613]

Headed down a slippery slope, we had a grandfather clause like that in NY. Until the Safe Act was passed in 2013 which made all magazines with over a 10 round capacity illegal, regardless of when you bought them.

Vote carefully.

 

[rkittine]

If you are just knocking around in the woods and not expecting to have to defend your tent against and armed invasion, I would agree, why go through the even possible aggravation and potential legal costs and just bring some 10 round magazines.

 

[Rodan]

As I said earlier, I don't think knowingly violating a law and hoping the police won't charge you is a good plan.

I agree that wouldn't be a good plan, but I'm not planning on violating any laws. As I noted, I have magazines that are absolutely legal under the CO statute, and I am legal under at least one other provision. I'm not worried about being legal.

I was interested in knowing which way the wind was blowing with rural LE in CO, and I think I've had that question answered at this point.

Thank you all for your responses.

 

[Smoke]

That said, I would get the 10-round mags, just to be safe.

If the limit is 15 why would you get 10?

 

[Smoke]

I agree that wouldn't be a good plan, but I'm not planning on violating any laws. As I noted, I have magazines that are absolutely legal under the CO statute, and I am legal under at least one other provision. I'm not worried about being legal.

I was interested in knowing which way the wind was blowing with rural LE in CO, and I think I've had that question answered at this point.

Thank you all for your responses.

I didn't mean you specifically

 

[Rpg]

Keep in mind that you cannot hunt big game in Colorado with a 223 or any rifle with a magazine that holds more than 5 rounds. These regulations are vigorously enforced.

If you’re wandering around in our mountains with a 223 with 10, 15, 20 or 30 round magazines during a hunting season, you may well run into trouble.

Even if you’re not hunting, because of the limits on magazine capacity and caliber for hunting, you may encounter greater enforcement of the overall magazine limit (15 rounds) as a by product of the limits on hunting arms.

 

[BAM-BAM]

This thread covers some of the reasons I got a CZ 527FS in .223/5.56 with 5rd detachable mags and a Ruger Ranch rifle that takes 10rd AR mags......options

add in a few revolvers and speedloaders...... more options.

 

[steelslaver]

Here is the infringement that gets me. You have to let a LEO check you rifle to see if the chamber is loaded. Presumption of guilt. Illegal search in my nick of the woods

Here a LEO can not search my car without a warrant unless there is a violation in plain sight. My vehicle is an extension of my home. Look at my rifle are you kidding me? My rifle is none of his business. I have every right in the world to have a loaded rifle in my rig. Only time I can't have a gun is when I am using a spot light at night and don't have the land owners permission to do so.

 

[Liftrat]

...

I was interested in knowing which way the wind was blowing with rural LE in CO, and I think I've had that question answered at this point.

Thank you all for your responses.

A little late to reply, but I live in the mountains west of Denver, and have never had an issue with magazine capacity possession. From what I've seen, that charge is usually piled to others as a plea bargain chip. Not to say that a LEO in a bad mood might not force the issue, but personally it hasn't been a problem. I hope you have a good visit.

 

[dave1918a2]

Just make sure the AR serial number is prior to 2013 as You got the mags with the gun.