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Colorado Revised Statutes § 18-12-302 – Large-Capacity Magazines Prohibited
(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 18-12-506 (6), 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 bear 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.
Colorado Revised Statute § 18-12-301 Definitions.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Boulder, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
As used in this part 3, unless the context otherwise requires:
(1) "Bureau" means the Colorado bureau of investigation created and existing pursuant to section 24-33.5-401, C.R.S.
(2) (a) "Large-capacity magazine" means:
(I) 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 fifteen rounds of ammunition;
(II) A fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or
(III) A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine.
(b) "Large-capacity magazine" does not mean:
(I) A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition;
(II) An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or
(III) A tubular magazine that is contained in a lever-action firearm.
Colorado Revised Statute § 18-12-303 – Identification Markings for Large-Capacity Magazines
(1) A large-capacity magazine that is manufactured in Colorado on or after July 1, 2013, must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after July 1, 2013. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine.
(2) The bureau may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring a large-capacity magazine that is manufactured on or after July 1, 2013, to bear identifying information in addition to the identifying information described in subsection (1) of this section.
(3) A person who manufactures a large-capacity magazine in Colorado in violation of subsection (1) of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.
Caselaw so far:
This section and § § 18-12-301 and 18-12-302 represent a reasonable exercise of the state's police power and thus are constitutional because the legislative purpose in enacting the statutes, to reduce the number of people who are killed or shot in mass shootings, reasonably furthers a legitimate governmental interest in public health and safety; the statutes are reasonably related to the legitimate governmental purpose of reducing deaths from mass shootings, and the statutes are not unconstitutionally overbroad because the statutes do not ban virtually all magazines, and limiting magazine size to fifteen rounds of ammunition does not unreasonably burden the right to self-defense. Rocky Mtn. Gun Owners v. Hickenlooper, 2018 COA 149, -- P.3d --.
If you have been charged with possession of a large-capacity magazine an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver firearm defense attorney Jason Savela by calling (720) 821-1001.
