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Is HB1224 even Enforceable?

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  • Is HB1224 even Enforceable?

    So here is the version of the bill going to the governors desk:
    http://www.leg.state.co.us/clics/cli...e=1224_enr.pdf

    How the hell do you enforce this on the street?

    I don't think you can. How would any police officer have some way of determining whether a magazine was after the bill or not in order to be able to effect an arrest?

    The only way I can think of is if the magazine has some kind of date stamp on it, or if the person is stupid enough to have a credit card receipt reflecting the date of purchase and the magazine purchased on their person / in their possession.

    I guess the only other way would be generationally. E.g. Magpul M4 mags are released next year, hypothetically, and someone had some "M4" generation PMAGs in colorado or something. But are police officers really going to have classes on recognizing the difference between a PMAG M2/M3/M4?
    -------------------------------
    You can't fix stupid, but you can arrest it. - LINY

    "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

  • #2
    I believe the law states that manufacturers will have to include a manufacture date on all magazines after July 1. With that said what's another misdemeanor charge for someone already facing a felony weapons charge. It's like a stop sign violation during a pursuit.

    Comment


    • #3
      Originally posted by Hyperion View Post
      I believe the law states that manufacturers will have to include a manufacture date on all magazines after July 1.
      ONLY if the magazine is made within the state.

      Drive over to WY, UT, NM, AZ, whatever, pick up 15 magpul pmag M3s and now what? You are breaking the law to transport them back into colorado, but now when you find the guy with 2 of them coming back from the range on a traffic stop, how do you tell those 2 from 3 others he legitimately had pre ban?

      You can't.

      Ditto people buying surplus magazines. They were made in 1990, or 1995, or 2005, or whatever, but are hitting the civilian market now. Buy in another state, bring them back. Its against the law, but there is no way I can think of that an officer conducting an RS based stop and talk with someone he sees with a 30 round magazine or who sees one in plain view on a traffic stop will be able to take it further.

      With that said what's another misdemeanor charge for someone already facing a felony weapons charge. It's like a stop sign violation during a pursuit.
      Absolutely! Even with the language in the law making it a class 6 felony when possession offense is in conjunction with another felony or with a violent crime... Wait. So police officers can file paper on a cheesy felony (including writing all the crap in the affidavit to support and looking up the CRS code, and the additional lines in the booking sheet) when a guy is already facing probably a much greater felony from the base offense?
      Last edited by Oddball-Six; 03-15-2013, 04:26 PM.
      -------------------------------
      You can't fix stupid, but you can arrest it. - LINY

      "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

      Comment


      • #4
        You both are absoluetly right. The date stamp will only apply to mag sold in Colorado (which will be a PITA for the maker/distributer and thereby make a statewide shortage for quite some time me thinks....costs higher and higher). I can't see inforcement on mags made in other states which makes the law even more silly. I guesss it becomes an IR that goes to the DA for review and file 99! SNAFU, dems not only SUCK but they are just plain stupid!
        Harry S. Truman, (1884-1972)
        “Never kick a fresh turd on a hot day.”

        Capt. E.J. Land USMC,
        “Just remember – life is hard. But it’s one hell of a lot harder if you’re stupid.

        George Washington, (1732-1799)
        "I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man."

        Originally posted by Country_Jim
        ... Thus far, I am rooting for the zombies.

        Comment


        • #5
          It's not going to be worth the time to sort out, nor the headache. They would have known that if they would have listened to the police testimony on it. But then they would have known the law infringes on rights, is not supported by fact, and is so poorly written it makes a de-facto one generation ban on magazines in the state.

          I have sons I wanted to pass my stuff onto. Now I'm gonna have to bail out of this dump of a state to do it, and that ****es me off. I lived here long before most of these jackwagons and their agendas came here and screwed everything up from top to bottom.

          Comment


          • #6
            Hopefully this will give Hickenlooper cover to veto it. Stupidity doesn't stop the liberal though. What feels good is what counts.
            Stupid has no color or race, everyone can participate.

            Comment


            • #7
              Sheriff Cooke in Weld Co and several others made it clear the other day they won't even try....DAMN GOOD for them and Colorado that we at least still have some great sheriffs even if our politicians SUCK!
              Harry S. Truman, (1884-1972)
              “Never kick a fresh turd on a hot day.”

              Capt. E.J. Land USMC,
              “Just remember – life is hard. But it’s one hell of a lot harder if you’re stupid.

              George Washington, (1732-1799)
              "I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man."

              Originally posted by Country_Jim
              ... Thus far, I am rooting for the zombies.

              Comment


              • #8
                Originally posted by Hyperion View Post
                I believe the law states that manufacturers will have to include a manufacture date on all magazines after July 1.
                Magazines manufactured IN Colorado.

                Don't think MecGar has a plant here.

                The date stamp will only apply to mag sold in Colorado
                No, only MANUFACTURED in Colorado:

                A large-capacity magazine that is manufactured in Colorado on or
                after the effective date of the bill must include a serial number and the
                date upon which the large-capacity magazine was manufactured or
                assembled. The serial number and date must be legibly and conspicuously
                engraved or cast upon the outer surface of the large-capacity magazine.
                The Colorado bureau of investigation may promulgate rules that may
                require a large-capacity magazine that is manufactured on or after the
                effective date of the bill to bear identifying information in addition to the
                serial number and date of assembly


                Standard capacity mags won't be SOLD at all, and Magpul is leaving...

                What I want to know is, what is the legal definition of "readily converted":

                The bill prohibits the sale, transfer, or possession of an
                ammunition feeding device that is capable of accepting, or that can be
                readily converted to accept


                You'll be able to prove it if you witness somebody transfer a magazine, that's prohibited regardless, but proving that one somebody has in their hand was bought yesterday in Cheyenne or ten years ago in CS? Virtually impossible.
                Last edited by tanksoldier; 03-20-2013, 07:57 PM.
                "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

                "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

                Comment


                • #9
                  Originally posted by tanksoldier View Post
                  Standard capacity mags won't be SOLD at all...
                  Which is the entire point. The goal is simple, minimal guns, minimal accessories. It also causes prices to skyrocket as well. The FedGov is buying up huge amounts of ammo, and there really seems to be only one reason for that, to cause a massive civilian panic, which is what has happened. There has been a slight shortage in availability, but that has cause a mass panic among the people. Here in Indiana, people know when Walmart, Gander Mountain, etc. get their ammo shipments in. GM is actually passing out tickets and telling those who get a ticket to come back later so they don't have to deal with a mad rush. You show up early, wait in line, get a ticket, and told the ammo will be ready to be picked up at a certain time. They aren't even putting range ammo on the shelf due to this. These guys are then putting it on gun broker and selling it to folks for 2x the price from what I hear (to folks who live in more rural areas, and can't get it from a LGS).

                  As far as the magazines, your state blocked capacity at fifteen, which is better than seven like in NY. NY clearly wanted to find a way to severely restrict the availability of semi-auto pistols. A seven round mag ban will pretty much stop sales of many popular 9mm, .40S&W, and .45APC handguns, or the manufactures will just ship the gun with no magazine??

                  Colorado will show us just how strong people feel about gun rights. If there is a sweeping change in power, then gun rights are alive and well in CO. If not, then I think nationally gun control issues are moving towards more controls, though how many controls will remain to be seen.

                  Comment


                  • #10
                    Originally posted by Dwntwn317 View Post
                    Colorado will show us just how strong people feel about gun rights. If there is a sweeping change in power, then gun rights are alive and well in CO. If not, then I think nationally gun control issues are moving towards more controls, though how many controls will remain to be seen.
                    Yep, see you again 11/04/2014 and we'll see of Colorado is controlled by pu$$ies or men!
                    Harry S. Truman, (1884-1972)
                    “Never kick a fresh turd on a hot day.”

                    Capt. E.J. Land USMC,
                    “Just remember – life is hard. But it’s one hell of a lot harder if you’re stupid.

                    George Washington, (1732-1799)
                    "I hope I shall possess firmness and virtue enough to maintain what I consider the most enviable of all titles, the character of an honest man."

                    Originally posted by Country_Jim
                    ... Thus far, I am rooting for the zombies.

                    Comment

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