Traveling to Colorado with rifle and magazines?

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Carolinalogcrafter
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Traveling to Colorado with rifle and magazines?

Post by Carolinalogcrafter » Mon Aug 19, 2013 7:16 pm

I plan on going to Colorado and I am wondering about bringing standard capacity magazines(30) with me. Will I be breaking the law? Anyone know the rules? It is hard to find the rules. Thanks!

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Re: Traveling to Colorado with rifle and magazines?

Post by 20X11 » Mon Aug 19, 2013 9:10 pm

30 round magazines are perfectly legal as long as you owned them prior to July 1, 2013. Unless of course you are staying in the city/county of Denver which has had a ban on 21+ round magazines for quite some time (only applies to residents, so you can travel through the city and county of Denver with 30 rounders without issue).

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Re: Traveling to Colorado with rifle and magazines?

Post by VENT625 » Tue Aug 20, 2013 2:24 pm

House Bill 13-1224, which becomes effective on July 1, 2013, prohibits the sale, transfer, and possession of large-capacity ammunition magazines. This training bulletin summarizes this legislation and the legal opinion issued by the Colorado Attorney General on how the law should be interpreted and enforced.

1. How is the term large-capacity magazines defined? Per Section 18-12-301 (2)(a), C.R.S., a large-capacity magazine is defined as follows:

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 15 rounds of ammunition; or
A fixed, tubular shotgun magazine that holds more than 28-inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than 8 shotgun shells when combined with a fixed magazine.
2. What devices are excluded from the definition? Per Section 18-12-301 (2)(b), a large-capacity magazine does not mean the following:

A feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition; or
An attached tubular device designed to accept, and capable of operating with, .22 caliber rimfire ammunition; or
A tubular magazine that is contained in a lever-action firearm.
3. What does the term “designed” mean in the context of the large-capacity magazine definition? According to the Colorado Attorney General’s legal opinion, “designed” denotes a feature that meets a specific function. A design feature whose function is not specifically to increase the capacity of a magazine does not fall under the definition. The features of a magazine must be judged objectively to determine whether they were designed to be readily converted to accept more than 15 rounds. A magazine that accepts 15 or fewer rounds of ammunition is not a large-capacity magazine just because it includes a removable baseplate which may be replaced with one that allows the magazine to accept additional rounds. On many magazines such a design feature is included specifically to permit cleaning and maintenance. A magazine whose baseplate is replaced with one that allows magazines to accept more than 15 rounds would qualify as a large-capacity magazine.

4. What about persons who owned large-capacity magazines prior to July 1, 2013? House Bill 13-1224 contains a grandfather clause that permits possession of a large-capacity magazine on or after July 1, 2013 by a person who “owns” such a magazine on that date and “maintains continuous possession” of it thereafter, C.R.S. 18-12-302 (2)(a). The owner is prohibited from selling or transferring it after July 1, 2013.

5. How does an owner maintain “continuous possession” to ensure application of the bill’s grandfather clause? According to the Colorado Attorney General, the grandfather clause cannot reasonably be read to require continuous physical possession of a large-capacity magazine on the owner’s person. An owner is in continuous possession of the magazine if it hasn’t been sold or transferred to someone. A large-capacity magazine that is stored in such places as the owner’s residence or place of business or is inside the owner’s vehicle while being transported should qualify as continuous possession.

6. Can someone other than the owner temporarily possess the large-capacity magazine? The Colorado Attorney General’s legal guidelines state that an owner should not be considered to have “transferred” a large-capacity magazine or lost “continuous possession” of it by merely handing it to a gunsmith, hunting partner, or to another person at a shooting range with the expectation that it will be promptly returned. Likewise, such a person who in such a situation acquires temporary physical custody of a large-capacity magazine from its owner should not be considered in “possession” of the magazine as long as he remains in the owner’s physical presence. However, the bill does not allow a temporary transfer of a large-capacity magazine in connection with criminal activity.

7. Who has the burden of proving that the owner acquired the high-capacity-magazine after July 1, 2013? If a person asserts that he is protected by the grandfather clause, the prosecution has the burden to refute the assertion, Section 18-12-302 (2)(b), C.R.S.

8. Who is exempt from the ban? Per Section 18-12-302 (3), the prohibition does not apply to an entity or employee thereof that manufactures such magazines within Colorado exclusively for transfer to a licensed gun dealer or employee that sells large-capacity magazines exclusively to:

The U.S. military;
The federal government or to a department, agency, or political subdivision of the state of Colorado;
A firearms retailer for the purpose of firearm sales conducted outside of Colorado;
A foreign government that has been approved by the U.S. government for such transfer;
An out-of-state transferee who may legally possess a large-capacity magazine;
An employee of the U.S. military or a department, agency, or political subdivision of the state of Colorado or any other state, or of the U.S. government who bears a firearm in the course of his/her official duties (this would include police officers); or
A person who in the course of his/her official duties possesses the magazine for the sole purpose of transporting it to an out-of-state entity on behalf of a Colorado manufacturer of large-capacity magazines.
9. What is the penalty for illegally selling, transferring, or possessing a large capacity magazine? It is a class 2 misdemeanor per Section 18-12-302 (1), C.R.S. A second conviction is punishable as a class 1 misdemeanor. Any person illegally in possession of a large-capacity magazine who uses it in the commission of a felony or a crime of violence commits a class 6 felony.

10. Do large-capacity magazines manufactured in Colorado on or after July 1, 2013 have to be date marked? Yes, the magazine must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled on or after July 1, 2013 per Section 18-12-303, C.R.S. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the magazine. A person who manufactures a large-capacity magazine and fails to include such a permanent stamp or marking commits a Class 2 misdemeanor. The Colorado Bureau of Investigation is empowered to adopt rules as needed for the implementation of this requirement.
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Re: Traveling to Colorado with rifle and magazines?

Post by rebel » Sun Aug 25, 2013 1:01 pm

God almighty!
You can't beat the mountain, pilgrim. Mountains got its own way.

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Re: Traveling to Colorado with rifle and magazines?

Post by Carolinalogcrafter » Sun Aug 25, 2013 1:15 pm

Well...Look out, I'm coming home. I am looking forward to coming back home for a visit. At least I will recognize the mountains, they take a while to change. I hope that nothing else changes before I decide to retire. I might not be able to come back, I already would have to be careful. Thanks you guys.

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Re: Traveling to Colorado with rifle and magazines?

Post by VENT625 » Tue Aug 27, 2013 1:24 pm

rebel wrote:God almighty!

Haha, I copied and pasted from a training bulletin at work.
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Carolinalogcrafter
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Re: Traveling to Colorado with rifle and magazines?

Post by Carolinalogcrafter » Tue Aug 27, 2013 1:29 pm

Where do you work or is that classified? LOL
:lol:

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Re: Traveling to Colorado with rifle and magazines?

Post by VENT625 » Tue Aug 27, 2013 1:34 pm

Carolinalogcrafter wrote:Where do you work or is that classified? LOL
:lol:

I work for a police department west of Denver in the communications area.
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Carolinalogcrafter
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Re: Traveling to Colorado with rifle and magazines?

Post by Carolinalogcrafter » Tue Aug 27, 2013 2:34 pm

Well, I thank you. This makes me feel a lot more comfortable. I have a few newer magazines but they all were bought before the date so there is no problem. It should be a good time, I can't wait to get back to where I grew up. I have not been back in about 20 years. :D

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Re: Traveling to Colorado with rifle and magazines?

Post by VENT625 » Tue Aug 27, 2013 2:36 pm

Carolinalogcrafter wrote:Well, I thank you. This makes me feel a lot more comfortable. I have a few newer magazines but they all were bought before the date so there is no problem. It should be a good time, I can't wait to get back to where I grew up. I have not been back in about 20 years. :D

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