Gavin Howe
Colorado prohibits the sale, transfer, and possession of a large-capacity magazine, defined as any magazine capable of holding more than 15 rounds of ammunition. Possessing, transferring, or selling such a magazine is typically a class 2 misdemeanor, punishable by up to $750 in fines and/or up to 120 days in jail. However, the law does not apply to military or police agents who carry firearms in the course of their official duties. While Colorado's large-capacity magazine ban has faced legal challenges, it has been upheld by the state's Supreme Court. Despite the ban, high-capacity magazines remain easily accessible in the state, with some stores selling them as repair kits or parts kits and local law enforcement exhibiting varying levels of commitment to enforcing the restriction.
| Characteristics | Values |
|---|---|
| Law enforcement officers allowed to buy 30-round magazines | Yes |
| Law enforcement officers allowed to possess magazines with more than 15 rounds | Yes |
| Magazines with more than 15 rounds considered a large-capacity magazine (LCM) | Yes |
| Manufacture of LCMs after July 1, 2013, without a permanent stamp or marking indicating the same | Illegal |
| Sale, transfer, and possession of LCMs | Illegal |
| Punishment for violation of prohibition | Class 1 misdemeanor; Class 6 felony if possessed during the commission of a felony or crime of violence |
| Punishment for violation of prohibition | Up to 120 days in jail and/or up to $750 in fines |
| LCM ban applicable to military or police agents | No |
| LCM ban applicable to government employees who bear firearms in the course of their official duties | No |
| LCM ban applicable to LCM manufacturers or licensed gun dealers who transfer or sell to the armed forces, government agencies, retailers outside Colorado, or approved foreign governments | No |
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What You'll Learn
- Law enforcement officers are exempt from Colorado's ban on large-capacity magazines
- Magazines with more than 15 rounds are considered large-capacity magazines in Colorado
- Possessing, transferring, or selling large-capacity magazines is a Class 2 misdemeanour in Colorado
- Colorado gun stores can sell magazine part kits to repair and maintain large-capacity magazines
- Magazines manufactured in Colorado after July 1, 2013, must include a permanent stamp or marking
Law enforcement officers are exempt from Colorado's ban on large-capacity magazines
In Colorado, it is illegal to possess, transfer, or sell magazines with a capacity of more than 15 rounds. This restriction also applies to magazines that can be readily converted to accept more than 15 rounds. Possessing, transferring, or selling such large-capacity magazines (LCMs) is typically a class 2 misdemeanor, punishable by up to $750 in fines. However, if an individual possesses an LCM during the commission of a felony or a crime of violence, the charge can be elevated to a class 6 felony, resulting in potential incarceration of 1 year to 18 months in a Colorado state prison.
While Colorado has strict laws regarding LCMs, there are certain exemptions. One notable exemption is for law enforcement officers and government employees who carry firearms in the course of their official duties. This exemption ensures that law enforcement personnel can access and utilize LCMs when necessary in the line of duty. Additionally, individuals who owned LCMs on or prior to July 1, 2013, and have maintained continuous possession, are exempt from the ban.
The exemption for law enforcement officers is important for several reasons. Firstly, it recognizes the unique responsibilities and requirements of their profession. Law enforcement officers may need to engage in tactical operations or respond to active shooter situations, where having access to LCMs can be crucial for their safety and the safety of the public. Secondly, this exemption ensures interoperability and consistency with the equipment and training used by other law enforcement agencies, particularly at the federal level. Standardizing equipment, including magazine capacities, can facilitate effective collaboration and coordination during joint operations or in scenarios where mutual aid is required.
Furthermore, the exemption for law enforcement officers in Colorado reflects the understanding that these professionals undergo extensive training and are held to rigorous standards. Law enforcement agencies have comprehensive protocols and guidelines for the use, storage, and accountability of firearms and ammunition. The exemption acknowledges the need for law enforcement to have the necessary tools to effectively carry out their duties, which may include situations where a higher volume of ammunition could be required.
While Colorado's ban on large-capacity magazines is a step towards addressing gun violence, the exemption for law enforcement officers highlights the delicate balance between public safety and the specific needs of those tasked with protecting the public. This exemption ensures that law enforcement officers have access to the equipment they deem necessary to effectively serve and protect their communities while also recognizing the unique circumstances and challenges inherent in their line of work.
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Magazines with more than 15 rounds are considered large-capacity magazines in Colorado
In Colorado, magazines with more than 15 rounds are considered large-capacity magazines and are illegal to possess, transfer, or sell under state law. This law was enacted in 2013, following the 2012 Aurora movie theater shooting, in which the gunman used a 100-round magazine, killing 12 people and injuring dozens more. The law is defined in CRS 18-12-302 and prohibits magazines capable of accepting more than 15 rounds of ammunition, with specific definitions for fixed and detachable magazines, as well as shotgun shell capacity.
The large-capacity magazine ban in Colorado includes several exceptions. Military and police agents carrying firearms as part of their official duties are exempt. Additionally, entities or employees engaged in the manufacture of large-capacity magazines within the state can transfer them to licensed gun dealers, armed forces, government agencies, out-of-state retailers, or foreign governments approved by the U.S. for such transfers.
Colorado residents who owned large-capacity magazines on or before July 1, 2013, and have maintained continuous possession, are also exempt from the ban. However, these magazines must be permanently marked or stamped to indicate they were acquired before the law took effect. While the law imposes penalties for violations, including fines and potential jail time, enforcement has been inconsistent across the state. Some counties and local gun stores continue to sell or possess large-capacity magazines, while others abide by the law.
The debate surrounding large-capacity magazine restrictions in Colorado remains ongoing, with gun rights activists regularly introducing bills to repeal the ban. Despite these efforts, the ban has been upheld by the Colorado Supreme Court, reflecting the state's commitment to preventing mass shootings and promoting public safety through gun control.
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Possessing, transferring, or selling large-capacity magazines is a Class 2 misdemeanour in Colorado
In Colorado, magazines with a capacity of more than 15 rounds are considered large-capacity magazines (LCMs) and are illegal. The state prohibits the sale, transfer, and possession of LCMs, and violating this prohibition is punishable as a Class 1 misdemeanour.
There are, however, some exceptions to this rule. Firstly, if an individual owned an LCM before July 1, 2013, and has maintained continuous possession, they are allowed to keep it under the "grandfather clause". Secondly, LCMs can be possessed for the sole purpose of transporting them out of state on behalf of an LCM manufacturer within Colorado. Thirdly, government employees, law enforcement officers, and military or police agents who carry firearms in the course of their official duties are exempt from the ban. Finally, LCM manufacturers or licensed gun dealers can transfer or sell LCMs to specific entities, such as the armed forces, government agencies, or foreign governments approved by the US.
While Colorado's large-capacity magazine ban allows for these specific exceptions, it is important to note that possessing, transferring, or selling LCMs without meeting these criteria is illegal and can result in criminal charges. The state has implemented these measures to promote public safety and prevent mass shootings, as seen in the Aurora Theatre Shooting in 2012.
It is worth noting that the law does not explicitly address the legality of moving to Colorado with LCMs lawfully owned in another state. In such cases, it is generally advised not to bring them into the state to avoid potential legal issues.
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Colorado gun stores can sell magazine part kits to repair and maintain large-capacity magazines
In Colorado, the sale, transfer, and possession of a "large-capacity magazine" are prohibited. This includes magazines capable of holding more than 15 rounds of ammunition, as well as certain types of shotgun shell extensions and detachable magazines. However, there are exceptions to this rule.
Colorado gun stores are permitted to sell magazine part kits to repair and maintain lawfully-owned large-capacity magazines (LCMs). These kits cannot be used to assemble a new LCM, but they can be used to repair and maintain existing ones. This exception to the law allows individuals to keep their LCMs functional and in good condition.
The large-capacity magazine ban in Colorado does not apply to military or police agents who carry firearms in the course of their official duties. Additionally, the ban does not affect entities or employees engaged in the manufacture of large-capacity magazines within Colorado, as long as they transfer them to licensed gun dealers who sell exclusively to authorised entities.
Colorado's gun laws also include a "grandfather clause," which allows individuals who owned LCMs on or before July 1, 2013, to maintain continuous possession of their magazines. The burden of proof in these cases falls on the prosecution to prove otherwise.
While Colorado has strict laws regarding the sale, transfer, and possession of LCMs, there are loopholes and exceptions that allow individuals to access and maintain these magazines under certain circumstances. Gun stores in Colorado play a role in facilitating this by providing magazine part kits for repair and maintenance purposes.
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Magazines manufactured in Colorado after July 1, 2013, must include a permanent stamp or marking
In Colorado, the sale, transfer, and possession of a "large-capacity magazine" are prohibited. A large-capacity magazine is defined as a fixed or detachable magazine, box, drum, feed strip, or similar device capable of holding or being readily converted to hold more than 15 rounds of ammunition. This definition also includes fixed tubular shotgun magazines exceeding 28 inches and certain nontubular, detachable magazines that can hold over eight shotgun shells when combined with a fixed magazine.
However, there are specific exceptions to the large-capacity magazine ban in Colorado. One such exception is for military or police agents who carry firearms in the course of their official duties. This exemption ensures that law enforcement personnel have access to the necessary equipment for their work.
Additionally, magazines manufactured in Colorado after July 1, 2013, must include a permanent stamp or marking indicating their manufacturing date. This stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the magazine. The Colorado Bureau of Investigation has the authority to implement rules for this requirement, including the addition of identifying information on each large-capacity magazine.
The presence of this permanent stamp or marking helps ensure compliance with the state's regulations. It allows for easy identification of magazines manufactured after the implementation of the law, aiding in the prevention of illegal possession or transfer of large-capacity magazines produced after the cutoff date.
It is important to note that there are penalties for non-compliance with the large-capacity magazine regulations in Colorado. Manufacturing high-capacity magazines without the required legible permanent stamp or marking is considered a class 2 misdemeanor. The violation is punishable by law, emphasizing the importance of adhering to the state's gun safety measures.
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Frequently asked questions
No, law enforcement officers cannot buy 30-round magazines in Colorado. Magazines with more than 15 rounds are considered large-capacity magazines (LCM) and are illegal in the state.
Possessing, transferring, or selling large-capacity magazines in Colorado is typically a Class 2 misdemeanour, punishable by up to $750 in fines. If the LCM is possessed during the commission of a felony or crime of violence, prosecutors can file more serious Class 6 felony charges, which carry penalties of 1 to 1.5 years in prison.
In 2012, a gunman killed 12 people and injured many more in an Aurora movie theatre using a 100-round magazine. The following year, Gov. John Hickenlooper signed House Bill 13-1224, limiting magazines to 15 rounds. The law was challenged by gun rights activists but upheld by the Colorado Supreme Court in 2020.
Yes, the ban does not apply to military or police agents carrying firearms in the course of their official duties. It also does not apply to LCM manufacturers or licensed gun dealers who transfer or sell LCMs to specific entities, including the armed forces, government agencies, out-of-state retailers, or approved foreign governments.
