Colorado man arrested for high capacity magazine

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philip964
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Colorado man arrested for high capacity magazine

#1

Post by philip964 »

http://fox21news.com/ap/colorado-man-ch ... -magazine/

Sounds like he was stopped for speeding and the officer wrote a no seatbelt ticket as well.

But I had forgotten Colorado passed all those new laws.
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RoyGBiv
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Re: Colorado man arrested for high capacity magazine

#2

Post by RoyGBiv »

a Fort Collins man accused of making threats against Fort Range Community College. According to court records, he was arrested after a psychologist reported he was making threats about shooting a security guard and burning down a building at the school.
I'm not sure a normal person has to worry about this law.....
That said, it should still be repealed.
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Pariah3j
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Re: Colorado man arrested for high capacity magazine

#3

Post by Pariah3j »

So he made 'terroristic threats' but got popped on a high capacity mag ? Ridiculousness....
"When governments fear the people, there is liberty. When the people fear the government, there is tyranny" - Thomas Jefferson
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ELB
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Re: Colorado man arrested for high capacity magazine

#4

Post by ELB »

Thread-jack I guess: Is legally carrying a Glock 17/19 or {insert hi-cap-capable-pistol-of-your-choice} sufficient cause for a Colorado police officer to check the capacity of your magazines? This seems analogous to stopping someone who open carries to see if they have a license.
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RoyGBiv
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Re: Colorado man arrested for high capacity magazine

#5

Post by RoyGBiv »

ELB wrote:Thread-jack I guess: Is legally carrying a Glock 17/19 or {insert hi-cap-capable-pistol-of-your-choice} sufficient cause for a Colorado police officer to check the capacity of your magazines? This seems analogous to stopping someone who open carries to see if they have a license.
Not exactly the question that was asked.... They have to prove you didn't own the magazine before the effective date

http://handgunlaw.us/states/colorado.pdf
(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.
Guidance letters from CO AG:
https://docs.google.com/file/d/0B67htTD ... xMS3M/edit
http://www.handgunlaw.us/documents/agop ... an2013.pdf
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doncb
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Re: Colorado man arrested for high capacity magazine

#6

Post by doncb »

RoyGBiv wrote: Not exactly the question that was asked.... They have to prove you didn't own the magazine before the effective date
What usually happens in a case like this is that they will want him to prove he owned the mag before the new law. Innocent until proved guilty not withstanding.
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RoyGBiv
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Re: Colorado man arrested for high capacity magazine

#7

Post by RoyGBiv »

doncb wrote:
RoyGBiv wrote: Not exactly the question that was asked.... They have to prove you didn't own the magazine before the effective date
What usually happens in a case like this is that they will want him to prove he owned the mag before the new law. Innocent until proved guilty not withstanding.
I don't think there is a "usually" that applies here...

According to their law....
(2), the prosecution has the burden of proof to refute the assertion.
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misterlarry
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Re: Colorado man arrested for high capacity magazine

#8

Post by misterlarry »

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rogersinsel
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Re: Colorado man arrested for high capacity magazine

#9

Post by rogersinsel »

philip964 wrote:http://fox21news.com/ap/colorado-man-ch ... -magazine/

Sounds like he was stopped for speeding and the officer wrote a no seatbelt ticket as well.

But I had forgotten Colorado passed all those new laws.
I don't see a mention for speeding or ticket. In the article.
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Pariah3j
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Re: Colorado man arrested for high capacity magazine

#10

Post by Pariah3j »

rogersinsel wrote:
philip964 wrote:http://fox21news.com/ap/colorado-man-ch ... -magazine/

Sounds like he was stopped for speeding and the officer wrote a no seatbelt ticket as well.

But I had forgotten Colorado passed all those new laws.
I don't see a mention for speeding or ticket. In the article.
The article is very vague but I read it as they were serving some sort of warrant or investigating due to the threats he made and instead found 'high capacity' magazines and I guess decided to charge him with that instead(probably easier to prosecute.)
"When governments fear the people, there is liberty. When the people fear the government, there is tyranny" - Thomas Jefferson
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