Quote:
Originally Posted by Wrothgar
Of course, the law is completely unenforceable anyway. The mags you currently own will be grandfathered in.
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As I read it, I agree with Wrothgar. In fact, I would argue that the law is more of a generational phase-out of high-capacity magazines rather than a true ban. Carefully read Section (2)(b) of the law:
Quote:
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.
<Sections (1)(b) and (1)(c) omitted>
(2) (a) a person may possess a large - capacity magazine if he or she: (I) owns the large - capacity magazine on the effective date of this section; 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.
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emphasis mine>
In other words, the prosecution is explicitly required to prove that the magazines are
not grandfathered. Since the vast majority of magazines do not carry individual identifying marks, proving this assertion can only be done using one of
three four basic tactics:
- Directly prove that the person obtained the large-capacity magazine(s) after July 1st, 2013. In most cases, this is a near impossibility in the absence of very damning eyewitness testimony and/or irrefutable documentary evidence.
- Demonstrate that no firearm in existence prior to July 1st, 2013 could accept the magazine(s).
- Demonstrate that the particular type of magazine did not exist prior to July 1st, 2013.
- Demonstrate that the person was not yet born on July 1st, 2013, or at least would have been so young that his or her possession of firearm magazines would be highly unlikely.
The law provides no mechanism for lawful inheritance of firearm magazines, so for a very common firearm like a Glock,
#3 #4 is the real stinger.
Some Colorado children may be receiving very peculiar gifts during the next 3 months.
Mandatory disclaimer: I am not a lawyer, nor do I play one on TV. This is not legal advice. Caveat emptor, and YMMV.
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