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Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 12:40 am
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.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 9:23 am
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That said, it should still be repealed.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 10:59 am
by Pariah3j
So he made 'terroristic threats' but got popped on a high capacity mag ? Ridiculousness....

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 11:08 am
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.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 12:26 pm
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

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 1:10 pm
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.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 1:31 pm
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.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 1:45 pm
by misterlarry
Always pay cash for guns and ammo supplies.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 2:11 pm
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.

Re: Colorado man arrested for high capacity magazine

Posted: Tue Nov 03, 2015 3:08 pm
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.)