House Bill 13-1224 High-Capacity Magazines
"Grandfathering" of existing magazines
All magazines (regardless of capacity) purchased prior to July 1, 2013 are "grand-fathered in" and remain legal for possession and use. They may continue to be used for legal activities (hunting, target shooting, etc.) even after the laws take effect July 1. Existing regulations must still be followed, such as existing caliber, magazine and plugging requirements in Colorado hunting regulations.
Exemptions
HB 1224, contains the following exemptions:
"(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."
Removable base plates
One section of HB 1224 that has drawn attention defines a high-capacity magazine as one that is "CAPABLE OF ACCEPTING, OR THAT IS DESIGNED TO BE READILY CONVERTED TO ACCEPT, MORE THAN FIFTEEN ROUNDS OF AMMUNITION. " As most removable base plates are designed for cleaning purposes - not for accepting additional rounds or for conversion - there is a presumption that they are legal.
Affirmative enforcement
The burden of proof regarding purchase date of a magazine will be on law enforcement, not on the person using the magazine. There is no affirmative enforcement required in these bills - meaning that we are not required to ask for gun or magazine ownership information unless we do so as part of some other inquiry, such as an investigation into another violation.
Other Questions This is not legal advice, but rather a summary of facts related to House Bill 1224 as we understand them at this time. Colorado Parks and Wildlife is working with the Colorado Department of Public Safety and the Attorney General to receive additional technical guidance on the new statutes. The new statutes do not take effect until July 1 and implementation guidance will be available prior to that time.