Colorado Politics

Colorado bans high-capacity magazines, but that doesn’t make them impossible to get

In a news conference Thursday, Boulder County District Attorney Michael Dougherty said he believes high-capacity gun magazines used in March’s supermarket attack were sold legally. 

But in 2013, following the Aurora theater massacre, Colorado’s legislature banned magazines holding more than 15 rounds. And charges against the Boulder suspect include 10 counts of using a prohibited high-capacity magazine while committing a felony.

So how might the suspect have gotten ahold of the 10 prohibited magazines the DA said investigators found on him or in his car? A handful of possible ways, it turns out. 

? Colorado’s law bans the sale, transfer and possession of magazines holding more than 15 rounds 

It went into effect on July 1, 2013. Known as House Bill 13-1224 while it worked its way through the legislature, the large-capacity magazine ban was part of a package of gun restrictions that also implemented a universal background check requirement for purchases and required buyers to pay the background check fee. In reaction, voters successfully recalled two Democratic state senators who supported the laws, Sen. John Morse of District 11 and Angela Giron of District 3. 

DIY assembly kits have provided a loophole in Colorado 

A series of undercover investigations by 9News revealed gun stores in several Colorado counties selling disassembled large-capacity magazines in parts after the ban went into effect.

An employee at Centennial Gun Club was captured saying, “As soon as we remove the functionality of it and take this spring out, it’s not a magazine.” Another at Pueblo Sporting Goods called the kits “technically legal – technically not illegal.” 

Sen. Rhonda Fields, who sponsored House Bill 13-1224, called businesses taking advantage of the loophole “sickening” and contrary to the law’s intent. But to date, the legislature has not passed further legislation to address the gap. 

The states bordering Colorado don’t have large-capacity magazine bans 

Although possession of high-capacity magazines isn’t legal in Colorado, someone wishing to smuggle them in could hop a border to a dealer in any state immediately surrounding Colorado that sells large-capacity magazines. According to a compilation from the National Conference of State Legislatures, Wyoming, Utah, New Mexico, Arizona, Oklahoma, Kansas and Nebraska are not among the nine states with bans on high-capacity magazines.

The law grandfathered in high-capacity magazines owned before the ban 

It allows high-capacity magazines a person possessed on or before the date the law went into effect and has continually maintained possession of. 

High-capacity magazines manufactured in Colorado on or after the law’s effective date have to include a permanent marking indicating its manufacture or assembly after July 1, 2013. The marking has to be visibly engraved or cast on the outside of the magazine. Violation of this part of the law is a Class 2 misdemeanor. 

When a Clinton-era ban on some semiautomatic assault weapons and high-capacity magazines expired in 2004, it left a patchwork of state laws 

The Public Safety and Recreational Firearms Use Protection Act passed as part of the Violent Crime Control and Law Enforcement Act of 1994, and then-President Bill Clinton signed it.

The law banned the manufacture, transfer or possession of semiautomatic assault weapons and manufacture of magazines holding more than 10 rounds, though it grandfathered in possession and sale of covered weapons and magazines legally made and possessed before the effective date.

The law did not outright ban semiautomatic guns. Instead, it banned some specific firearms and certain features on guns.

But the ban expired in 2004 because of a sunset provision, and attempts to renew it have failed. Currently nine states and the District of Columbia have some form of ban on large-capacity magazines. The restrictions range from up to seven rounds in New York to maximum 15 rounds in Colorado, New Jersey and Vermont (for handguns in the latter’s law).

Associated Press file A stag arms AR-15 rifle with 30-round, left, and 10-round magazines is displayed. High-capacity magazines have been used in several mass killings in recent years, and Colorado lawmakers banned magazines that hold more than 15 bullets in 2013.
Associated Press file
Tags

PREV

PREVIOUS

Global SuperTanker, based in Colorado Springs, is ceasing operations

A giant firefighting aircraft based in Colorado Springs will be grounded for good. The Global SuperTanker is ceasing operations, a company representative told Gazette news partner KKTV on Friday. The company did not specify the reason for the shutdown. A Boeing 747 aerial firefighter, the Global SuperTanker has flown hundreds of firefighting missions, helping crews […]

NEXT

NEXT UP

A LOOK BACK | Russian Jew credits Congressman Wirth with his release

Forty Years Ago This Week: Democratic Congressman Tim Wirth of the 2nd CD, in a column for The Colorado Statesman, wrote “Few activities of Congress are as emotionally trying as our attempts to persuade the government of the Soviet Union, through our letters and telegrams, to allow its Jewish citizens to emigrate freely.” Wirth and […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests