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Old August 18, 2014, 10:11 PM   #1
HiBC
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Legality of a "Wyo workaround" to Co law.

At this point,I have no need to buy/sell,but suppose two people wanted to transfer 20 rd magazines and they both were Colorado residents.
To expand this a bit,suppose a Coloradoan had a Mini-14 with 6 ct 20 rd mags and wanted to sell face to face to another Coloradoan.
Would they be technically legal to drive across the border to Wyoming for a private face to face transaction?
What about buying a 60 rd Surefire magazine at a Wyoming gunstore as a private citizen,then returning to Colorado?

And please,before you reply"Why go to the trouble,just do it in Colorado" or any other advice that does not answer the question,please don't.I really do not need your help for that,and it will just be clutter.

In part,if this does not break law,it would support the non-enforceability of the hi-cap ban IMO.

If it is lawful,it would provide an exception to invalidate the idea a Coloradoan in possession of a post hi-cap ban mag is guilty of a crime.
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Old August 18, 2014, 10:19 PM   #2
Tom Servo
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From the law itself [pdf]:

Quote:
A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on the effective date of the bill and maintains continuous possession of the large-capacity magazine.
Unless I've missed something, you can't transfer it, and you can't own one manufactured after the date of enactment. It doesn't matter if it was purchased out of state.
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Old August 18, 2014, 10:34 PM   #3
zoomie
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It'd be illegal. If it wasn't yours when the law became effective, you can never have it, no matter the source or transaction location.

Practically speaking, it does show the absurdity and un-enforceability of the law.
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Old August 18, 2014, 10:47 PM   #4
Frank Ettin
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Quote:
Originally Posted by HiBC
...suppose a Coloradoan had a Mini-14 with 6 ct 20 rd mags and wanted to sell face to face to another Coloradoan. Would they be technically legal to drive across the border to Wyoming for a private face to face transaction?....
No. They would both violate federal law transferring the gun that way. The transferee would clearly violate 18 USC 922(a)(3), and the transferor could probably be charged as an accessory or for aiding and abetting the transferee's violation of 18 USC 922(a)(3)

18 USC 922(a)(3) provides in pertinent part:
Quote:
(a) It shall be unlawful—
...

(3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
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Old August 18, 2014, 11:00 PM   #5
HiBC
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OK,thanks!!Good to know.

I do believe in staying legal!!Life is easier that way.
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Old August 18, 2014, 11:08 PM   #6
Doyle
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Quote:
No. They would both violate federal law transferring the gun that way.
Frank, in this case they aren't talking about a firearm transfer - just magazines (which Colorado has now made illegal to transfer).
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Old August 18, 2014, 11:13 PM   #7
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I currently call Colorado home. The law is STUPID, UN-enforceable and not worth the paper and ink its written on but.....

I am not allowed to "obtain" any new (hi-cap) mags, the ones i currently own are it. Doesn't matter how i get em. Cant bring em into the state via road trip, postal service or any other means

If the mag was in the State before the ban it would seem like i should be able to trade/buy it. Doesn't bring any new mag into the State, just re-distrubute em
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Old August 18, 2014, 11:30 PM   #8
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Quote:
A person may possess a large-capacity magazine if he or she owns the large-capacity magazine on the effective date of the bill and maintains continuous possession of the large-capacity magazine.

Unless ...y'all cashier the doughnut heads that that passed this BS, and their replacements fix it ..... it's all up to you now........

Recalling Morse and Giron was impressive ....but that only stopped the bleeding.... regrowing a limb would be a miracle...... are y'all up to it?
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Old August 18, 2014, 11:33 PM   #9
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The OP's question has been answered. We have another thread on the lunacy of the magazine ban, so I'm going to close this one.
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Old August 18, 2014, 11:46 PM   #10
Frank Ettin
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But I do want to answer Doyle.

Quote:
Originally Posted by Doyle
Quote:
No. They would both violate federal law transferring the gun that way.
Frank, in this case they aren't talking about a firearm transfer - just magazines (which Colorado has now made illegal to transfer).
The OP's hypthetical was:
Quote:
...suppose a Coloradoan had a Mini-14 with 6 ct 20 rd mags and wanted to sell face to face to another Coloradoan...
That refers to selling both the rifle and the magazines.
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