Colorado Question

[K1500]

I may be passing through Colorado while on vacation this summer in a truck pulling a camping trailer. I have not followed all the latest laws in Colorado, and am seeing some advice.

When traveling I usually carry a compact handgun such as the Shield on my person (when in a state that honors my CCW, which Colorado does), plus a full sized 15 round handgun in the console for general use/wife (also has a CCW). Finally, a Mini 14 with flash suppressor and a standard non folding stock goes under the rear seat in a storage rack with loaded 20 or 30 round mags in a bag next to the rifle.

Does any of this run afoul of the latest legislative insanity in Colorado? If so, what should I do to make my trip comply with the laws of Colorado? If it makes a difference, I will have to camp in the state for a few nights while on my way to Wyoming. I dont mind unloading mags if that is illegal, but I would like to remain in possesion of my regular capacity magazines for the rest of the journey.

Please don't suggest detouring around Colorado, as that is the most direct route to my destination. Thanks for the help.

[K1500]

If it makes a difference, I will be there after July 1, and all magazines are lawfully owned by me before July 1.

[JimmyR]

http://www.handgunlaw.us/states/colorado.pdf

Handgunlaw.us is your friend.

From my reading of it:- WARNING: IANAL

1) As long as you own the magazines now, and continue to own them until your trip, you should be fine as to your magazine capacity. However, I would be hesitant to try it, since the LEOs may have some difficulty in learning to enforce this new law.

2) Concerning your rifle: it is ILLEAGAL to carry your rifle in the vehicle with a round chambered. http://www.lpdirect.net/casb/crs/33-6-125.html

[K1500]

Thanks, I saw that but wasn't sure how to prove I owned the mags before the ban. I guess it won't really change how I travel.

[hermannr]

You are innocent until proven guilty. It is up to them to prove your DID NOT own them before the prohibition, not you to prove you did.

[carguychris]

^^^ Hermannr - you are exactly correct. Here's an earlier post of mine on the subject, with some minor reformatting...

....I would argue that the law is more of a generational phase-out of high-capacity magazines rather than a true ban.... [because] 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 four basic tactics:

1. 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.
2. Demonstrate that no firearm in existence prior to July 1st, 2013 could accept the magazine(s).
3. Demonstrate that the particular type of magazine did not exist prior to July 1st, 2013.
4. 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... #4 is the real stinger.

In short... if you were an old enough to lawfully own the firearm prior to July 1st, 2013, and you have a firearm and magazine(s) of a type that existed prior to that date, you're basically in the clear; there's almost no way the CO authorities can prove you broke the law. It's primarily people born after 7/1/2013, or are young children today, who will have a problem with this law.

[JimmyR]

Thanks, I saw that but wasn't sure how to prove I owned the mags before the ban. I guess it won't really change how I travel.

15+ round mags made in colorado after 7/1/13 have to be stamped. Other than that, LEOs have the burden of proof.

[Spats McGee]

You are innocent until proven guilty, and it is the State's burden to prove each and every element of the crime beyond a reasonable doubt. However, here's a thought: Take a picture of the magazines today, preferably one with a time and date stamp. Print the pictures, put them in an envelope, and leave the envelope with a trusted friend that is willing to testify for you. If push comes to shove, you have a picture of the magazines, with a time and date stamp, and a witness who can say "K1500 left the envelope, which contains pictures of those magazines, with me on a date prior to 7/1/2013."

[locnload]

K1500, I'm not a lawyer nor do I play one on TV, but how these stupid new laws are interpreted by the enforcing agent is entirely up to them despite what our wishy washy Governor says. The good news is that most Colorado Sheriffs have vowed not to enforce Bloomberg's bidding. The State Patrol is anybody's guess, there are some great Troopers and some that are looking to build the arrest portfolio. Just lay low around Boulder and Denver. Your handguns and rifle should be fine but I would advise you to keep any mags over 15 rounds out of sight and in a locked container and never, never, never consent to a search.
I had hoped we would remain a place where law abiding gun owners and law enforcement could live in a world of mutual trust and respect, but thanks to our Governor, State Legislature, and a wealthy elitist from New York, I guess we are headed in another direction.
Welcome to Colorado and have a safe vacation.

[K1500]

Thanks. I do not plan to go through Denver. I have never had any trouble traveling before, and I plan on avoiding it this summer as well. It sounds like even my 20 and 30 rounders should be fine.

[Colokeb]

Take a photo of all your 16+ rounders. Have Walmart print it. It will have a date on the back. Put photo in a safe place.

[tobnpr]

Could also seal pics in an envelope, and mail them to yourself? USPS Postmark is legal proof of date...