Colorado Gun Restrictions Upheld By Federal Judge

Most plastic products have mold marks to identify which run a product was molded, and even metal products typically have a subcontractors mark or manufacturer's markings that would identify a product run.

Walk into any store today and notice that standard capacity magazine repair kits are being sold in full view, and in full compliance with the existing law. These repair kits will have the same markings as those that are manufactured, assembled and sold as new units do. The burden of proof is on the agents of the government to prove that the magazines were bought or transferred as complete units after the effective date of the law. That's going to be impossible to do given how poorly this law was written, which is but one of the reasons why the law can't be enforced.

Repair kits for standard capacity magazines would not fall within the defintion of the relevant statute. I agree that it will be difficult but not impossible for prosecutors to determine whether older magazines with capacities greater than fifteen have been purchased in violation of the law. However, most gun owners with whom I associate have no desire to conduct criminal activities and abide by the laws of the state. As time moves on, it will be much more easy to identify pre 2013 magazines as designs are changed and manufacturing processes evolve and the upheld laws can be readily enforced.

HEARTLESS wrote: Since CRS-18-12-302 &303 do not restrict non-residents from bringing in larger capacity magazines (LCMs) for personal use and since the laws do not specifically prohibit Colorado residents from bringing LCMs lawfully purchased from out-of-state sources for personal use, exactly whom will said prosecutor shift burden of proof to?

Reposted since no one seems to want to comment on this.

Another end around on the new laws that most people don't know about. If you sell a gun older than 50 years old, you don't need to do a background check on it. So if you want to pass down Grandpappy's muzzleloader or Nana's National Match Garand, you are good to do.

US District Chief Judge Marcia Krieger said "A law may be constitutional, but nevertheless foolish, ineffective, or cumbersome to enforce."

Something the Dog Said wrote: Repair kits for standard capacity magazines would not fall within the defintion of the relevant statute. I agree that it will be difficult but not impossible for prosecutors to determine whether older magazines with capacities greater than fifteen have been purchased in violation of the law. However, most gun owners with whom I associate have no desire to conduct criminal activities and abide by the laws of the state. As time moves on, it will be much more easy to identify pre 2013 magazines as designs are changed and manufacturing processes evolve and the upheld laws can be readily enforced.

And who is to say when the various parts were replaced? The same spring that I have in my current magazines will do just fine in anything manufactured post 2013. The shape, after all, is pretty well set at this point. The followers used today will most likely work just fine in post 2013 magazines as well. So I bought a new shell to replace a damaged one, then I bought a new follower to replace a worn out one, and finally purchased a new spring to replace the one that wore out. How is the State going to meet its burden to prove that the law has been violated Dog? Simple answer - it can't.

You have not "repaired" your magazine at that point, you have replaced it with a new one since none of the original parts remain.

Not true - I've repaired the magazine which I legally owned when the law was passed. I have no more, nor fewer, magazines than I did when the legislature decided to infringe on my rights. I have not purchased a new magazine, I have purchased parts to repair the ones I owned so that they remain in safe, reliable, working order. You do think that ammunition feeding devices should be maintained in safe and reliable condition, don't you Dog?

Something the Dog Said wrote: You have not "repaired" your magazine at that point, you have replaced it with a new one since none of the original parts remain.

The magazine body is the primary portion of the magazine. Everything else is part of the repair kit.