(this is the complete Colorado ammunition magazine ban statute as formatted for the Colorado governor's signature)
HOUSE BILL 13-1224
BY REPRESENTATIVE(S) Fields, Court, Fischer, Hullinghorst, Labuda,
Levy, Melton, Pabon, Rosenthal, Schafer, Williams,
Young, Buckner,
Ferrandino;
also SENATOR(S) Hodge, Aguilar, Guzman, Heath,
Nicholson, Ulibarri,
Morse.
CONCERNING PROHIBITING
LARGE-CAPACITY
AMMUNITION MAGAZINES.
Be it enacted by the General Assembly of the State of Colorado
SECTION 1. In
Colorado Revised Statutes, add part 3 to article 12
of title 18 as follows:
PART 3
LARGE-CAPACITY AMMUNITION MAGAZINES
18-12-301. Definitions. AS USED IN THIS
PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "BUREAU" MEANS THE
COLORADO
CREATED AND EXISTING PURSUANT TO SECTION 24-33.5-401, C.R.S.
(2) (a) "LARGE-CAPACITY
MAGAZINE MEANS:
(I) A FIXED OR
DETACHABLE MAGAZINE, BOX, DRUM, FEED STRIP, OR
SIMILAR DEVICE CAPABLE OF ACCEPTING, OR THAT IS
DESIGNED TO BE
READILY CONVERTED TO ACCEPT, MORE THAN
FIFTEEN ROUNDS OF
AMMUNITION;
(II) A FIXED, TUBULAR
SHOTGUN MAGAZINE THAT HOLDS MORE
THAN TWENTY-EIGHT INCHES OF SHOTGUN SHELLS, INCLUDING ANY
EXTENSION DEVICE THAT IS ATTACHED TO THE MAGAZINE AND
HOLDS
ADDITIONAL SHOTGUN SHELLS; OR
(III) A NONTUBULAR, DETACHABLE
MAGAZINE, BOX, DRUM, FEED
STRIP, OR SIMILAR DEVICE THAT IS CAPABLE OF ACCEPTING MORE
THAN
EIGHT SHOTGUN SHELLS WHEN COMBINED WITH A FIXED
MAGAZINE.
(b) "LARGE-CAPACITY
MAGAZINE" DOES NOT MEAN:
(I) A FEEDING
DEVICE THAT HAS BEEN PERMANENTLY ALTERED SO
THAT IT CANNOT ACCOMMODATE MORE THAN FIFTEEN ROUNDS OF
AMMUNITION;
(II) AN ATTACHED
TUBULAR DEVICE DESIGNED TO ACCEPT, AND
CAPABLE OF OPERATING ONLY WITH, .22 CALIBER
RIMFIRE AMMUNITION; OR
(III) A TUBULAR
MAGAZINE THAT IS CONTAINED IN A LEVER-ACTION
FIREARM.
18-12-302. Large-capacity magazines prohibited -
penalties -
exceptions. (1)
(a) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, ON
AND AFTER JULY 1, 2013, A PERSON WHO SELLS,
TRANSFERS, OR POSSESSES
A LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
(b) ANY PERSON
WHO VIOLATES SUBSECTION (1) OF THIS SECTION
AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF
SAID SUBSECTION
(1) COMMITS A
CLASS 1 MISDEMEANOR.
(c) ANY PERSON
WHO VIOLATES SUBSECTION (1) OF THIS SECTION
COMMITS A CLASS 6
FELONY IF THE PERSON POSSESSED A LARGE-CAPACITY
MAGAZINE DURING THE COMMISSION OF A FELONY OR ANY
CRIME OF
VIOLENCE, AS DEFINED IN SECTION 18-1.3-406.
(2) (a) A PERSON
MAY POSSESS A LARGE-CAPACITY MAGAZINE IF HE
OR SHE:
(I) OWNS THE
LARGE-CAPACITY
MAGAZINE ON THE EFFECTIVE DATE
OF THIS SECTION;
AND
(II) MAINTAINS
CONTINUOUS POSSESSION OF THE LARGE-CAPACITY
MAGAZINE.
(b) IF A PERSON
WHO IS ALLEGED TO HAVE VIOLATED SUBSECTION (1)
OF THIS SECTION ASSERTS THAT HE OR SHE IS PERMITTED TO
LEGALLY
POSSESS A LARGE-CAPACITY MAGAZINE PURSUANT TO PARAGRAPH (a) OF
THIS SUBSECTION (2),
THE PROSECUTION HAS THE BURDEN OF PROOF
TO
REFUTE THE ASSERTION.
(3) THE OFFENSE
DESCRIBED IN SUBSECTION (1) OF THIS SECTION
SHALL NOT APPLY TO:
(a) AN ENTITY, OR ANY
EMPLOYEE THEREOF ENGAGED IN HIS OR HER
EMPLOYMENT DUTIES,
THAT MANUFACTURES LARGE-CAPACITY
MAGAZINES
WITHIN COLORADO
DEALER, AS DEFINED IN SECTION 12-26.1-106 (6), C.R.S., OR ANY
EMPLOYEE
THEREOF ENGAGED IN HIS OR HER OFFICIAL EMPLOYMENT
DUTIES, THAT
SELLS LARGE-CAPACITY MAGAZINES EXCLUSIVELY TO:
(I) A BRANCH OF
THE ARMED FORCES OF THE UNITED STATES;
(II) A DEPARTMENT, AGENCY, OR POLITICAL
SUBDIVISION OF THE
STATE OF COLORADO
GOVERNMENT;
(III) A FIREARMS
RETAILER FOR THE PURPOSE OF FIREARMS SALES
CONDUCTED OUTSIDE THE STATE;
(IV) A FOREIGN
NATIONAL GOVERNMENT THAT HAS BEEN APPROVED
FOR SUCH TRANSFERS BY THE UNITED STATES
GOVERNMENT; OR
(V) AN OUT-OF-STATE
TRANSFEREE WHO MAY LEGALLY POSSESS A
LARGE-CAPACITY MAGAZINE;
OR
(b) AN EMPLOYEE
OF ANY OF THE FOLLOWING AGENCIES WHO BEARS
A FIREARM IN THE COURSE OF HIS OR HER OFFICIAL DUTIES:
(I) A BRANCH OF
THE ARMED FORCES OF THE UNITED STATES; OR
(II) A DEPARTMENT, AGENCY, OR POLITICAL
SUBDIVISION OF THE
STATE OF COLORADO
GOVERNMENT; OR
(c) A PERSON 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
18-12-303. Identification markings for large-capacity
magazines
- rules. (1)
A LARGE-CAPACITY MAGAZINE THAT IS
MANUFACTURED IN
INCLUDE A PERMANENT STAMP OR MARKING INDICATING THAT
THE
LARGE-CAPACITY MAGAZINE WAS MANUFACTURED OR ASSEMBLED AFTER
THE EFFECTIVE DATE OF THIS SECTION. THE STAMP OR
MARKING MUST BE
LEGIBLY AND CONSPICUOUSLY ENGRAVED OR CAST UPON THE
OUTER
SURFACE OF THE LARGE-CAPACITY MAGAZINE.
(2) THE BUREAU
MAY PROMULGATE SUCH RULES AS MAY BE
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO RULES REQUIRING A LARGE-CAPACITY
MAGAZINE THAT IS
MANUFACTURED ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION TO
BEAR IDENTIFYING INFORMATION IN ADDITION TO THE
IDENTIFYING
INFORMATION DESCRIBED IN SUBSECTION (1) OF THIS
SECTION.
(3) A PERSON WHO
MANUFACTURES A LARGE-CAPACITY MAGAZINE
IN COLORADO
A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED IN ACCORDANCE WITH
SECTION 18-1.3-501.
SECTION 2. Effective date. This act takes effect July 1, 2013.
SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary
for the immediate
preservation of the public
peace, health, and safety.
(An analysis of this bill by attorneys who represent Magpul Industries of Boulder, CO)
http://afirearmrightschronicle.blogspot.com/2013/03/legal-analysis-of-colorado-house-bill.html
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