Continuous Possession of Magazines in Colorado

Posted on March 16, 2022

It is a Colorado crime to have magazines with more than 15 rounds.

Colorado gun magazines may hold a maximum of fifteen (15) rounds. Anything that holds more than 15 rounds is considered a large-capacity magazine (LCM), which is illegal in the state under CRS 18-12-302.

Possessing or selling an LCM is usually a class 2 misdemeanor, carrying

• up to 120 days in jail and/or
• up to $750 in fines.

Penalties for LCMs in Colorado

Under CRS 18-12-302, possessing, transferring, or selling a large-capacity magazine is typically a class 2 misdemeanor. This carries:

• Up to 120 days in jail, and/or
• Up to $750 in fines.

But if the defendant possessed the LCM during the commission of a felony or crime of violence (as defined by CRS 18-1.3-406), then prosecutors would file class 6 felony charges. Penalties include:

• 1 year to 18 months in Colorado State Prison, and/or
• $1,000 to $100,000 in fines

Exceptions

But having a large capacity magazine is permitted in some circumstances – specifically for:

1. People who owned the LCM on July 1, 2013, and maintained continuous possession of it;
2. Anyone 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;
3. Any government or armed forces employee who bears a firearm in the course of official duties (including law enforcement officers and county sheriffs);
4. Any LCM manufacturer or licensed gun dealer / gun store that transfers or sells LCMs to either:
   1. A branch of the U.S. armed forces;
   2. A department, agency, or political subdivision of Colorado, or of any other state, or of the United States government;
   3. A firearms retailer for the purpose of firearms sales outside Colorado;
   4. A foreign national government that has been approved by the U.S. government for transfer of LCMs; or
   5. An out-of-state transferee who may legally possess LCMs.

Under CRS 18-12-303, it is a class 2 misdemeanor to manufacture high-capacity magazines without a legible permanent stamp or marking indicating that the LCM was made after July 1, 2013. The marking must be conspicuously engraved or cast upon the LCM's outer surface. Penalties for violating this section include:

• up to 120 days in jail and/or
• up to $750 in fines.

History of LCM ban in Colorado

On July 20, 2012, a gunman shot and killed 12 people – and injured dozens more – in an Aurora movie theater. The gunman used a magazine that held 100 rounds of ammunition.

A year after the Aurora Theater Shooting, Gov. John Hickenlooper signed House Bill 13-1224 limiting magazines to 15 rounds. Lawmakers – including Senate Democrat Sen. Rhonda Fields – meant to prevent further mass shootings and promote public safety through gun control. The new law was also supported by Attorney General Phil Weiser.

This large-capacity magazine ban was challenged by the Rocky Mountain Gun Owners (a nonprofit organization with Republican leanings). But the Colorado Supreme Court upheld it nearly eight years later on June 29, 2020. The court stated:

"Plaintiffs failed to prove beyond a reasonable doubt that HB 1224 violates the state constitutional right to bear arms…HB 1224 was a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense." Rocky Mt. Gun Owners v. Polis (2020) 467 P.3d 314, 2020 CO 66.

The state supreme court did not address whether the state's ban violates the Second Amendment (federal law). It limited its gun rights analysis to the state constitution.

Other recent gun laws include that purchasers must pass a Colorado Bureau of Investigations (CBI) background check, even for private sales. (HB 13-1229) And under the red flag law, police officers or family members may ask a judge to take away a person's guns if that person is an extreme risk to others or him/herself. (HB 19-1177)

Call our law firm for help.

Our law office is headquartered in Denver, but we serve clients throughout the state of Colorado including Boulder, Weld County, and more.

Learn more about Colorado gun laws and assault weapons laws and concealed handgun laws.

Prior to March 1, 2022, a subsequent offense of violating CRS 18-12-302 was a class 1 misdemeanor carrying 6 to 18 months in jail, and/or $500 to $5,000 in fines. And class 2 misdemeanors carried 3 to 12 months in jail and/or $250 to $1,000 in fines. SB21-271.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

scottreatunat.blogspot.com

Source: https://www.shouselaw.com/co/blog/laws/what-are-colorado-gun-laws-as-to-magazine-capacity/#:~:text=It%20is%20a%20Colorado%20crime,CRS%2018%2D12%2D302.&text=up%20to%20%24750%20in%20fines.