A little ingenuity renders Colorado 'high capacity' magazine ban toothless

[Old Fart]

From the article:
According to the breathless "reporting" of CBS Denver's Brian Maass, Colorado gun shops have found a couple methods of legally providing buyers with the ability to equip themselves with 30-round magazines. One way to do it is using parts kits: Restoring the magazine back to its standard, designed capacity of 30 rounds is as easy as popping a rivet out. This, of course, is without even delving into 3-D printed magazines. A magazines is, after all, little more than a box with a spring inside--it hardly requires a sophisticated factory to produce.

http://www.examiner.com/article/a-l...colorado-high-capacity-magazine-ban-toothless

 

[NightShade]

From what I remember reading the Sheriff's out there were not even going to try and enforce the law as from looking they can't tell what the capacity is or isn't let alone how much is loaded in most mags. And it's not like a mag has a limitation installed just because it crossed a state line, plus who knows how many 30 to 40 round PMAG's were bought before MagPul left.

The news floozies don't know half an ounce of what they talk about most of the time anyway as they just read from a script that some other half brain wrote.

 

[Defnestor]

So all they have to do is load a mere 10 rounds in their Beta-C mags, and no one is the wiser?

 

[Surveyor1653]

Interesting hypothetical and the potential problems that come with it: Let's say a person travels from Oklahoma to Colorado, and while he's there attends an Appleseed with a good friend and the friend's 13-year-old son. The event is a KD, so rimfire won't work. No worries at all; Our intrepid Okie has a spare rifle and the magazines necessary to feed it for the duration of the event. So our trio heads off to the range and their guest gives the rifle and 2, 20-round magazines to the friend's son. He has just committed two counts of a Class 2 misdemeanor, punishable by $250-$1,000 in fines and 3-12 months imprisonment per count. The rifle "transfer" is exempt, as it is temporary and took place at a firing range for the purpose of target shooting (the lender is still liable for any misuse of the firearm under the law). There is no magazine exemption other than possession prior to enactment of the law, and the two magazines make up the two misdemeanor counts.

When you say it "can't" happen here, remember Colorado and consider this: "Just because you do not take an interest in politics doesn't mean politics won't take an interest in you." - Pericles

 

[Lead Slinger]

I love seeing a loophole on our side! Maybe someone should get in the business of "5 round" beta mags. Ha!

 

[Cougar]

Interesting hypothetical and the potential problems that come with it: Let's say a person travels from Oklahoma to Colorado, and while he's there attends an Appleseed with a good friend and the friend's 13-year-old son. The event is a KD, so rimfire won't work. No worries at all; Our intrepid Okie has a spare rifle and the magazines necessary to feed it for the duration of the event. So our trio heads off to the range and their guest gives the rifle and 2, 20-round magazines to the friend's son. He has just committed two counts of a Class 2 misdemeanor, punishable by $250-$1,000 in fines and 3-12 months imprisonment per count.

Let's say our Okie does not have a padlock on the case in which he puts that rifle. He commits multiple five year violations of the Federal Gun Free School Zones Act before he makes it a mile into his journey. He also best forget about taking his carry gun, as it would be illegal for him to carry it outside of Oklahoma on his Oklahoma permit due to Federal Gun Free School Zones Act.

http://www.ok2a.org/fedgfsza

https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

 

[henschman]

The whole thing is largely unenforceable anyway. Other than a witness to a transaction or a date stamp on a mag, there is no way to prove that a person was not in possession of a mag before the ban went into effect, making the mag grandfathered in. Remember, the State has the burden to prove every element of an offense beyond a reasonable doubt; which, under CO law, includes the requirement to prove that the mag was not owned prior to the onset of the law.

If a cop simply pulls a CO resident over and sees a 30 round mag in plain view, there would be no legal basis for an arrest or prosecution, because there is no probable cause that a crime was committed unless there is some kind of reason to believe the mag was purchased after the law went into effect.

CO cops and prosecutors are fortunate this law is unenforceable... the attempted enforcement of laws like this is why the Second Amendment was written. I'm afraid some people are going to have to learn this the hard way before it's all said and done.