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The Range
Law & Order
A little ingenuity renders Colorado 'high capacity' magazine ban toothless
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<blockquote data-quote="henschman" data-source="post: 2657778" data-attributes="member: 4235"><p>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.</p><p></p><p>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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="henschman, post: 2657778, member: 4235"] 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. [/QUOTE]
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A little ingenuity renders Colorado 'high capacity' magazine ban toothless
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