Friday, October 31, 2014

A little ingenuity renders Colorado 'high capacity' magazine ban toothless.

Near the end of the segment (see accompanying video) Maass asks Mauser, who had just expressed his "disgust" at the successful efforts to make "a mockery of" the law (a law very worthy of mockery), "What do you do now?" Mauser sighed mournfully, hung his head, and eventually replied, "That's a good question." Indeed it is, and its a question that the "gun control" zealots within the Colorado government appear to be utterly unable to answer.

5 comments:

WarriorClass III said...

After Mike goes to Connecticut and gets disappeared in the ebola quarantine scheme, I vote that Kurt Hofmann take over the Three Percent movement.

Ol' Remus said...

Compliance with the law "as written" is not mockery of the law.

Oregon Hobo said...

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:

&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp18-12-302. Large-capacity magazines prohibited - penalties -
&nbsp&nbsp&nbspexceptions.

&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ON
&nbsp&nbsp&nbspAND AFTER JULY 1, 2013, A PERSON WHO SELLS, TRANSFERS, OR POSSESSES
&nbsp&nbsp&nbspA LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp[...]
&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(2) (a) A PERSON MAY POSSESS A LARGE-CAPACITY MAGAZINE IF HE
&nbsp&nbsp&nbspOR SHE:
&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(I) OWNS THE LARGE-CAPACITY MAGAZINE ON THE EFFECTIVE DATE
&nbsp&nbsp&nbspOF THIS SECTION; AND
&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(II) MAINTAINS CONTINUOUS POSSESSION OF THE LARGE-CAPACITY
&nbsp&nbsp&nbspMAGAZINE.
&nbsp&nbsp&nbsp
&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp&nbsp(b) IF A PERSON WHO IS ALLEGED TO HAVE VIOLATED SUBSECTION (1)
&nbsp&nbsp&nbspOF THIS SECTION ASSERTS THAT HE OR SHE IS PERMITTED TO LEGALLY
&nbsp&nbsp&nbspPOSSESS A LARGE-CAPACITY MAGAZINE PURSUANT TO PARAGRAPH (a) OF
&nbsp&nbsp&nbspTHIS SUBSECTION (2), THE PROSECUTION HAS THE BURDEN OF PROOF TO
&nbsp&nbsp&nbspREFUTE 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#

Anonymous said...

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.

Anonymous said...

Stuff like this makes me proud to be an American!