Shipping Hi-Cap Mags To Colorado

Discussion in 'Legal and Activism' started by ninjatoth, Jul 9, 2014.

  1. ninjatoth

    ninjatoth New Member

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    I have a buddy that can't find 30 round AR-15 magazines in Colorado(obvious reasons), now if someone that he knows in a different state ships some magazines to him, is that breaking the law for the person shipping them? I know that if he somehow is "caught" and somehow the law (full of sheriff's that say they won't enforce the hi-cap law) prove that he purchased them after the ban went into effect, I know it's a misdemeanor for him, but what about the shipper that is from another state? Are there any legal repercussions?
     
  2. aandabooks

    aandabooks New Member

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    Don't know that I would be putting this on the internet. Can be construed as intent.
     

  3. ninjatoth

    ninjatoth New Member

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    Trust me, there's intent. But as of yet no action so person a and person b are still safer from mass shooters as i'm told, mostly because of the actions, or lack of, from people like me right?
     
  4. fa35jsf

    fa35jsf New Member

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    Well, interesting thought. If, hypothetically of course, you were the shipper, then your advice to the friend in Colorado should be something like this,

    "Yes you will be breaking the law. I am not going to aid in you breaking the law, however, nothing is stopping you from taking a road trip to a free state to buy your own magazines. Or maybe you should 1) fight the law with your state or 2) make your road trip one-way."
     
  5. locutus

    locutus Well-Known Member Supporter

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    He can take the family for a weekend fishing trip in Wyoming, Utah, New Mexico, Kansas or Arizona and buy all he wants.!:D:D:D

    Or, even better, he can help un-elect governor Chickenpooper.
     
  6. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    if there is a law in effect that make buying magazines over a certain limit illegal, then shipping such magazines into that state could be illegal for you to do so. living in another state and crossing state lines could mean federal laws have been broken.

    even by just this thread, you know it's illegal and are trying to circumvent the law.

    it might be considered aiding and abetting a criminal act.

    personally, i'd let him worry about getting his own magazines and stay far away from this. IMO, it sounds like trouble.
     
  7. Ez2b

    Ez2b New Member

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    Here in California we cannot get them legally shipped to us we cannot even order rebuild kits anymore the magazines have to come permanently fixed to only hold 10 rounds even if its in a 30 round magazine.
    Hartatac.com will put a rivet in them and send them to you I have used them several times usually you have your choice but I buy the p mags they put a rivet in them to limit them to a 10/30 magazine.
     
  8. molonlabexx

    molonlabexx New Member

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    Exactly what I would do.
     
  9. ninjatoth

    ninjatoth New Member

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    Person A bought magazines online and shipped them to person B without prior authorization, then person A says "hey, ship those to me"...I think person A will have to wait until he drives the 1500 miles to person's B's house since he's making that trip in 4 months anyways. All transactions outside of Colorado sounds like the best plan for person B. How do I know where that person will end up with those magazines? No guarantee on my part that he's taking them back to Colorado. Not trying to break the law in any way, maybe they should be tossed in the shed and person A will have to hunt for them and steal them if he wants them so bad, the other party don't wanna get their hands dirty.
     
    Last edited: Jul 9, 2014
  10. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    If the magazines are legal in your state, you have not broken the law in your state. If there is no federal law against the magazines, you have not broken a federal law by shipping them intrastate. You could only be charged for violating Colorado law. And only IF Colorado indicted you, no way you would be apprehended in your state and extradited to Colorado for some sissy magazine crime. Of course, IF you were indicted, you might have to answer for it IF you were ever apprehended in Colorado at some point in the future. Your buddy is taking the risk. Or I could be wrong.


    No offense and none taken
     
  11. ninjatoth

    ninjatoth New Member

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    In my state they are totally legal, and they remain in my possession. I could hand them right over to him while he is here knowing that most likely he is taking them back to Colorado, but then again how could I be responsible for where they end up since he could purchase them at any gun store where I live anyways.
     
  12. Rick1967

    Rick1967 Well-Known Member

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    I have heard people at gun stores say that it is not against the law to have one.
    And only against the law for the store to sell one. They say you can drive to Utah and buy some and bring them back. That is totally false!

    I have pasted a copy of the statute. It is up to them to prove that you did not own it. But if they do, your friend is in trouble. I bought a bunch of AR 15 mags the day before the ban went into affect. Cabelas was practically giving them away.

    This is from my local IDPA club website. They put it up for all our info for competitions. There are a bunch of typos where words did not gets spaces between them. But it is easy to read.

    Colorado 69th General Assembly - First Regular
    Session 2013
    HB 1224, Chapter 48
    AN ACT
    Concerning prohibitinglarge-capacity
    ammunitionmagazines.
    Be itenacted by the General Assembly of the State
    ofColorado:
    SECTION 1. In ColoradoRevised Statutes, add part 3 to
    article 12 oftitle 18 as follows:
    PART3
    LARGE-CAPACITYAMMUNITION MAGAZINES
    18-12-301. Definitions. As used in this part 3,unless the
    context otherwiserequires:
    (1) "Bureau" means theColorado bureau of investigation
    created and existing pursuant tosection 24-33.5-401,
    C.R.S.
    (2) (a) "Large-capacity magazinemeans:
    (I) A fixed or detachable magazine,box, drum, feed strip,
    or similar device capable of accepting, orthat is designed
    to be readily converted to accept, more thanfifteen rounds
    of ammunition;
    (II) A fixed, tubular shotgun magazinethat holds more
    than twenty-eight inches of shotgun shells,including any
    extension device that is attached to the magazine
    andholds additional shotgun shells; or
    (III) A nontubular, detachable magazine,box, drum, feed
    strip, or similar device that is capable ofaccepting more
    than eight shotgun shells when combined with a
    fixedmagazine.
    (b) "Large-capacitymagazine" does not mean:
    (I) A feeding device that has beenpermanently altered so
    that it cannot accommodate more than fifteenrounds of
    ammunition;
    (II) An attached tubular devicedesigned to accept, and
    capable of operating only with, .22 caliberrimfire
    ammunition; or
    (III) A tubular magazine that iscontained in a
    lever-actionfirearm.
    18-12-302. Large-capacity magazinesprohibited -
    penalties - exceptions. (1) (a) Except as otherwise
    provided inthis section, on and after July 1, 2013, a
    person who sells,transfers, or possesses a large-capacity
    magazine commits a class 2misdemeanor.
    (b) Any person who violates subsection(1) of this section
    after having been convicted of a priorviolation of said
    subsection (1) commits a class 1misdemeanor.
    (c) Any person who violates subsection(1) of this section
    commits a class 6 felony if the personpossessed a
    large-capacity magazine during the commission of
    afelony or any crime of violence, as defined in
    section18-1.3-406.
    (2) (a) A person may possess alarge-capacity magazine if
    he orshe:
    (I) Owns the large-capacity magazineon the effective date
    of this section;and
    (II) Maintains continuous possession ofthe large-capacity
    magazine.
    (b) If a person who is alleged to haveviolated subsection
    (1) of this section asserts that he or she ispermitted to
    legally possess a large-capacity magazine pursuant
    toparagraph (a) of thissubsection (2), the prosecution has
    the burden of proof to refutethe assertion.
    (3) The offense described insubsection (1) of this section
    shall not applyto:
    (a) An entity, or any employee thereofengaged in his or
    her employment duties, that manufactureslarge-capacity
    magazines within Colorado exclusively for transferto, or
    any licensed gun dealer, as defined in section
    12-26.1-106(6), C.R.S., or any employee thereof engaged
    in his or her officialemployment duties, that sells
    large-capacity magazines exclusivelyto:
    (I) A branch of the armed forces ofthe United States;
    (II) A department, agency, or politicalsubdivision of the
    state of Colorado, or of any other state, or ofthe United
    States government;
    (III) A firearms retailer for thepurpose of firearms sales
    conducted outside thestate;
    (IV) A foreign national government thathas been
    approved for such transfers by the United
    Statesgovernment; or
    (V) An out-of-state transferee who maylegally possess a
    large-capacity magazine;or
    (b) An employee of any of thefollowing agencies who
    bears a firearm in the course of his or herofficial duties:(I) A branch of the armed forces ofthe United States; or
    (II) A department, agency, or politicalsubdivision of the
    state of Colorado, or of any other state, or ofthe United
    States government; or
    (c) A person who possesses themagazine for the sole
    purpose of transporting the magazine to anout-of-state
    entity on behalf of a manufacturer of
    large-capacitymagazines within Colorado.