(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.
(b) Repealed.
(c) Any person who violates this subsection (1) commits a class 6 felony if the person possessed a large-capacity magazine during the commission of a felony or any crime of violence, as defined in section 18-1.3-406.
(2) (a) A person may possess a large-capacity magazine if he or she:
(I) Owns the large-capacity magazine on July 1, 2013; 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.
(3) The offense described in subsection (1) of this section shall not apply to:
(a) An entity, or any employee thereof engaged in his or her employment duties, that manufactures large-capacity magazines within Colorado exclusively for transfer to, or any licensed gun dealer, as defined in section 18-12-506 (6), or any employee thereof engaged in his or her official employment duties, that sells large-capacity magazines exclusively to:
(I) A branch of the armed forces of the United States;
(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government;
(III) A firearms retailer for the purpose of firearms sales conducted outside the state;
(IV) A foreign national government that has been approved for such transfers by the United States government; or
(V) An out-of-state transferee who may legally possess a large-capacity magazine; or
(b) An employee of any of the following agencies who bears a firearm in the course of his or her official duties:
(I) A branch of the armed forces of the United States; or
(II) A department, agency, or political subdivision of the state of Colorado, or of any other state, or of the United States government; or
(c) A person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a manufacturer of large-capacity magazines within Colorado.
Source: L. 2013: Entire part added, (HB 13-1224), ch. 48, p. 145, § 1, effective July 1. L. 2018: IP(3)(a) amended, (SB 18-032), ch. 8, p. 153, § 7, effective October 1. L. 2021:
(1)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3213, 3331, §§ 351, 803.
Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b), effective March 1, 2022. (See L. 2021, pp. 3213, 3331.)
Notes of Decisions
Colorado Outfitters Ass'n v. Hickenlooper, 24 F. Supp. 3d 1050 (D. Colo. 2014).
· cites it 45× “Factual Background In 2013, in the wake of a mass shooting at a movie theater in Aurora, Colorado, the Colorado General Assembly enacted gun control legislation that included two new criminal statutes: (1) C.R.S. § 18-12-302, banning the sale, possession, and transfer of…”
Mountain Gun Owners v. Polis, 2020 CO 66, 467 P.3d 314.
· cites it 7× “Section 18-12-301(2)(a)(I) defines a “large-capacity magazine” to include any “fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45M, 371 P.3d 768.
· cites it 4× “§ 18-12-302(@)(a)(D(II). T10 The statute does not apply to a variety of individuals working in their official capacity, including large-capacity magazine manufacturers or dealers, as well as certain specified individuals, government agencies, and armed forces personnel.”
Rocky Mountain Gun Owners v. Hickenlooper, 2015 COA 45.
· cites it 10× “" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
United States v. Ibanez, 893 F.3d 1218 (10th Cir. 2018).
“Penal Code § 32310 (c) ; Colo. Rev. Stat. Ann. § 18-12-302 ; Conn.”
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45.
· cites it 5× “" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Sgaggio v. Weiser, No. 1:22-cv-01791 (D. Colo. Aug. 26, 2022).
· cites it 2× “BACKGROUND Plaintiff Delbert Sgaggio, a Colorado citizen, challenges the constitutionality of Colorado’s large-capacity magazine ban, Colo. Rev. Stat. § 18-12-302 (the “LCM Ban”).”
Colo. Rev. Stat. § 18-12-302(1): 1 case
Colorado Outfitters Ass'n v. Hickenlooper, 24 F. Supp. 3d 1050 (D. Colo. 2014).
“Factual Background In 2013, in the wake of a mass shooting at a movie theater in Aurora, Colorado, the Colorado General Assembly enacted gun control legislation that included two new criminal statutes: (1) C.R.S. § 18-12-302, banning the sale, possession, and transfer of…”
Colo. Rev. Stat. § 18-12-302(1)(a): 3 cases
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45M, 371 P.3d 768.
“§ 18-12-302(@)(a)(D(II). T10 The statute does not apply to a variety of individuals working in their official capacity, including large-capacity magazine manufacturers or dealers, as well as certain specified individuals, government agencies, and armed forces personnel.”
Rocky Mountain Gun Owners v. Hickenlooper, 2015 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Colo. Rev. Stat. § 18-12-302(2)(a): 2 cases
Colorado Outfitters Ass'n v. Hickenlooper, 24 F. Supp. 3d 1050 (D. Colo. 2014).
“Factual Background In 2013, in the wake of a mass shooting at a movie theater in Aurora, Colorado, the Colorado General Assembly enacted gun control legislation that included two new criminal statutes: (1) C.R.S. § 18-12-302, banning the sale, possession, and transfer of…”
Mountain Gun Owners v. Polis, 2020 CO 66, 467 P.3d 314.
“Section 18-12-301(2)(a)(I) defines a “large-capacity magazine” to include any “fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Colo. Rev. Stat. § 18-12-302(2)(a)(I): 2 cases
Rocky Mountain Gun Owners v. Hickenlooper, 2015 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Colo. Rev. Stat. § 18-12-302(2)(a)(I)(II): 2 cases
Rocky Mountain Gun Owners v. Hickenlooper, 2015 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45.
“" § 18-12-302(1)(a), C.R.S. 2015. "Large-capacity magazine" is defined as "[a] fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Colo. Rev. Stat. § 18-12-302(3): 1 case
Mountain Gun Owners v. Polis, 2020 CO 66, 467 P.3d 314.
“Section 18-12-301(2)(a)(I) defines a “large-capacity magazine” to include any “fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.”
Colo. Rev. Stat. § 18-12-302(8)(a): 1 case
Rocky Mountain Gun Owners v. Hickenlooper, 2016 COA 45M, 371 P.3d 768.
“§ 18-12-302(@)(a)(D(II). T10 The statute does not apply to a variety of individuals working in their official capacity, including large-capacity magazine manufacturers or dealers, as well as certain specified individuals, government agencies, and armed forces personnel.”
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