Colorado Magazine Restrictions: A Clear Guide for Gun Owners

Understanding Colorado’s Magazine Capacity Limit

Colorado’s approach to gun control includes a specific focus on limiting the capacity of magazines within the state. This is outlined in Colorado Revised Statutes (CRS) 18-12-302, which addresses the prohibition and penalties associated with large-capacity magazines

Prohibition and Penalties
Effective from July 1, 2013, CRS 18-12-302 makes it a class 2 misdemeanor to sell, transfer, or possess magazines that hold more than 15 rounds, excluding a round in the chamber. If a large-capacity magazine is possessed while committing a felony or crime of violence, it becomes a class 6 felony.

Definitions and Exceptions
Large-Capacity Magazine: Defined as any magazine capable of holding more than 15 rounds.
Grandfather Clause: Exempts individuals who owned large-capacity magazines before July 1, 2013, and have maintained continuous possession.
Burden of Proof: The prosecution must disprove claims of legal possession under the grandfather clause.

Exemptions:

• Manufacturers in Colorado transfer to the U.S. armed forces, government departments, or out-of-state legal entities.
• Licensed gun dealers’ employees in the course of their duties.
• Armed forces members and government agency employees use firearms in their official capacities.
• Individuals transporting these magazines out of state on behalf of Colorado manufacturers.

Impact and Implications
CRS 18-12-302 aims to enhance public safety by reducing the potential for high-casualty shooting incidents. This legislation reflects Colorado’s efforts to balance public safety with Second Amendment rights.

However, its effectiveness, enforceability, and impact on lawful gun owners remain topics of ongoing debate. The grandfather clause and exemptions create complexities in compliance and enforcement, highlighting the nuanced approach Colorado has taken in its gun control measures.

Also Read: Gun Registration in Colorado

Colorado’s 8 New Gun Laws Passed in 2024

Governor Jared Polis recently signed into law eight bills aimed at tightening Colorado’s gun regulations, marking a legislative-session record for the state according to Colorado Ceasefire, a nonprofit advocating for stricter gun laws [1].

Overview of New Laws
State Investigations of Gun Crimes
Senate Bill 3 empowers the Colorado Bureau of Investigation to investigate gun crimes, including illegal firearm purchases, with an additional $1.5 million allocated to hire 10 new employees starting July 1.

Guns Banned in Certain Locations
Senate Bill 131 bans the open or concealed carry of firearms in the Colorado Capitol, courthouses, child care facilities, K-12 schools, colleges, and polling places. Exemptions exist for law enforcement, security personnel, and on-duty military members. Violators face a Class 1 misdemeanor, punishable by up to 364 days in jail or a $1,000 fine, effective January 4, 2025.

Firearm Surrender for Domestic Violence Restraining Orders
House Bill 1122, a bipartisan effort, requires individuals under a temporary domestic violence restraining order to surrender their firearms and ammunition and prohibits them from purchasing more while the order is in effect.

New Requirements for Concealed Carry Permits
Starting July 1, 2025, House Bill 1174 mandates that concealed carry permit training must include at least eight hours of instruction, a live-fire test with 50 rounds, and a written exam.

Merchant Category Codes for Gun Purchases
Senate Bill 66 requires credit card companies to assign specific merchant codes to firearms and ammunition dealers by May 2025 to facilitate tracking of gun purchases. Violations will incur a $10,000 fine.

Proposed Excise Tax on Firearms
House Bill 1349 proposes a 6.5% excise tax on firearms, gun parts, and ammunition beginning April 1, 2025, pending voter approval. The revenue, estimated at up to $39 million annually, will fund crime victim support, schools, and behavioral health programs.

Permitting for Gun Sellers
House Bill 1353 requires firearms dealers to obtain a state permit by July 1, 2025, costing $400, and mandates regular inspections. Dealers must conduct employee background checks and report attempted illegal purchases within 48 hours. Firearms must be securely stored.

Safe Storage in Vehicles
House Bill 1348, effective in 2025, mandates that firearms in vehicles be kept in a locked, hard-sided container out of view, with the vehicle also locked. Violators will face a fine, with exceptions for those in farming, ranching, military, or law enforcement.

These measures reflect Colorado’s ongoing efforts to enhance public safety and regulate firearms more strictly.

History of Large Capacity Magazine Ban in Colorado

According to SCLG, on July 20, 2012, a gunman killed 12 people and injured dozens more in an Aurora movie theater using a 100-round magazine [2].

In response, a year later, Governor John Hickenlooper signed House Bill 13-1224, limiting magazine capacity to 15 rounds, with the support of lawmakers including Senate Democrat Rhonda Fields and Attorney General Phil Weiser. This legislation aimed to prevent mass shootings and enhance public safety.

The large-capacity magazine ban faced a challenge from the Rocky Mountain Gun Owners, but the Colorado Supreme Court upheld the law on June 29, 2020, stating: “Plaintiffs failed to prove beyond a reasonable doubt that HB 1224 violates the state constitutional right to bear arms…HB 1224 was a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense” (Rocky Mt. Gun Owners v. Polis, 2020).

The court’s ruling focused on the state constitution and did not address potential Second Amendment violations. Additionally, other gun laws in Colorado require purchasers to pass a Colorado Bureau of Investigations (CBI) background check for private sales (HB 13-1229), and the red flag law allows police or family members to request a judge to confiscate firearms from individuals deemed a significant risk (HB 19-1177).

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References:

1. https://coloradosun.com/2024/06/12/new-colorado-gun-laws-2024/
2. https://www.shouselaw.com/co/blog/laws/what-are-colorado-gun-laws-as-to-magazine-capacity/