Having recently moved to Colorado for the purpose of participating in next week's election (being a hobo means nothing if not flexibility), I have taken the time to familiarize myself with the laws of my present state of residence. While there are legal workarounds to CO's magazine ban, relying on the solutions described in Kurt's article is be a good way to get yourself arrested if you could find a sheriff who would oblige.
This is dangerous misinformation and is opening people up for prosecution. While I do not believe that Kurt is intentionally misleading anyone, I strongly recommend that people read the statute for themselves: http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont/7E6713B015E62E6F87257B0100813CB5?Open&file=1224_enr.pdf
It's only a few pages and if you live in CO you should really take a few minutes to read the whole thing but I'll excerpt a few key sections here:
        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.        [...]             (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.
Now, I don't know about you but I suspect that most of these magazine rebuild kits consist of disassembled Pmags, and I can tell you that Magpul puts date stamps on their floorplates. I also doubt very much that any Pmags manufactured prior to July 01, 2013 failed to be sold prior to that date, so it's fairly safe to assume that the date stamps on any of those rebuild kits are post-ban.
So if someone was to attract the malevolent attention of a prosecutor with magazines constructed from one of these rebuild kits found in his possession, go ahead and ask yourself whether that prosecutor would have difficulty proving that those magazines were acquired after July 01, 2013.
Now I've found nothing in the language of the law restricting the import of the magazines. So I reckon that if one were to obtain old or non-date-stamped magazines out-of-state with a minimum of paper or electronic records, and then bring said magazines into Colorado, any prosecutor would have a tough time proving that one had not continuously possessed those magazines since prior to July 01, 2013.
Mind you, I am not a lawyer, just a wandering hobo, and this is not legal advice, just some nonsensical hobo-mumble. Listening to hobos will probably get you arrested or worse, so read the statute and come to your own conclusions.
Many in CT and NY did modify their mags to meet the new code; but with a drill and bit, can re-convert it back into a large capacity mag. These laws mean nothing.
5 comments:
After Mike goes to Connecticut and gets disappeared in the ebola quarantine scheme, I vote that Kurt Hofmann take over the Three Percent movement.
Compliance with the law "as written" is not mockery of the law.
Having recently moved to Colorado for the purpose of participating in next week's election (being a hobo means nothing if not flexibility), I have taken the time to familiarize myself with the laws of my present state of residence. While there are legal workarounds to CO's magazine ban, relying on the solutions described in Kurt's article is be a good way to get yourself arrested if you could find a sheriff who would oblige.
This is dangerous misinformation and is opening people up for prosecution. While I do not believe that Kurt is intentionally misleading anyone, I strongly recommend that people read the statute for themselves:
http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont/7E6713B015E62E6F87257B0100813CB5?Open&file=1224_enr.pdf
It's only a few pages and if you live in CO you should really take a few minutes to read the whole thing but I'll excerpt a few key sections here:
        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.
   
   [...]
   
        (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.
Now, I don't know about you but I suspect that most of these magazine rebuild kits consist of disassembled Pmags, and I can tell you that Magpul puts date stamps on their floorplates. I also doubt very much that any Pmags manufactured prior to July 01, 2013 failed to be sold prior to that date, so it's fairly safe to assume that the date stamps on any of those rebuild kits are post-ban.
So if someone was to attract the malevolent attention of a prosecutor with magazines constructed from one of these rebuild kits found in his possession, go ahead and ask yourself whether that prosecutor would have difficulty proving that those magazines were acquired after July 01, 2013.
Now I've found nothing in the language of the law restricting the import of the magazines. So I reckon that if one were to obtain old or non-date-stamped magazines out-of-state with a minimum of paper or electronic records, and then bring said magazines into Colorado, any prosecutor would have a tough time proving that one had not continuously possessed those magazines since prior to July 01, 2013.
Mind you, I am not a lawyer, just a wandering hobo, and this is not legal advice, just some nonsensical hobo-mumble. Listening to hobos will probably get you arrested or worse, so read the statute and come to your own conclusions.
Cheers, and stay safe,
#OREGON HOBO#
Many in CT and NY did modify their mags to meet the new code; but with a drill and bit, can re-convert it back into a large capacity mag. These laws mean nothing.
Stuff like this makes me proud to be an American!
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