FAQs about Colorado Large Capacity Magazine Ban
What is the Large Capacity Magazine Ban?
Answer: Starting on July 1, 2013, selling, transferring or possessing a large capacity magazine in Colorado is a class 2 misdemeanor.
What is a Colorado Large Capacity Magazine?
Answer: For a precise definition, see: http://www.rockymountainguntrust.com/colorado-firearm-issues/. In general terms, it means any device designed to accept more that 15 rounds of ammunition or that can be readily converted to accept more than 15 rounds.
Does the Ban Only Apply To Magazines?
Answer: No. A magazine is one specific type of ammunition feeding device. Please see the statute: http://www.rockymountainguntrust.com/colorado-firearm-issues/.
What is a Colorado High Capacity Magazine?
Answer: A common misuse of the exact term. The official Colorado term is large capacity magazine.
Can I Keep Large Capacity Magazines I Had Prior to July 1, 2013?
Answer: That is a difficult question because the regulations are not written as of April 30, 2013. The short answer is yes, but we believe there is risk. However, at death, the large capacity magazine cannot be transferred to another person. We assume that forfeiture is required and that the decedent’s estate will have an opportunity to forfeit the large capacity magazine before being considered in violation of the law.
We do not believe the Colorado statute creates an exception for pre-July 1, 2013 magazines. The statute prohibits possession of large capacity magazines, period. Then, Section 18-12-302(2) (a) states that a person may possess a large capacity magazine if he or she owned it prior to the effective date of the Colorado law and maintains continuous possession.
Just what exactly it means to continuously possess a large capacity magazine is open to interpretation. We have heard of individuals giving their large capacity magazines to a younger family member in an attempt to keep the magazine in the family after their death. We believe that this technique will not work. Both the original transferor and the transferee will probably be in violation of the continuous possession requirement.
Note the very unusual way the law is written. Pre-July 1, 2013 possession is something a person is entitled to raise after being charged with the crime. The prosecution then has the burden to prove otherwise. We assume anyone in possession of a large capacity magazine can be charged and their magazine seized even if they show the arresting police officer proof of possession prior to July 1, 2013.
Are Links or Permanent Links A Colorado Large Capacity Magazine?
Answer: For now, we assume they are. ““Link” is a term that has different meaning to different people. For example, a person brought us two different types of WWII vintage links. The American link is what we call a disintegrating link. As it feeds through the firearm and the ammunition is used, the links come out the other side in pieces that can be re-assembled with new ammunition. The German version does not disintegrate and looks more like a continuous belt or permanent link.
Hopefully the regulations will give us guidance. For now, we assume that disintegrating links and permanent links are subject to the ban starting July 1, 2013 because they may be a feed strip or a device capable of accepting or designed to be readily converted to accept more than 15 rounds of ammunition.
Should I Assign My Large Capacity Magazines to My Rocky Mountain Gun Trust?
Answer: Assuming that the trust is properly drafted, executed and a specialized magazine assignment form is used, we believe the trust provides the best opportunity to preserve the magazines for future generations.
