Legal Tip: Are My Magazines Illegal in Round-Restricted States?

By Woody published on in News

U.S. Law Shield and Texas Law Shield members asked program attorneys about transporting magazines into states with new round-capacity limits: Diamondback DB9 Magazine

Q: I am considering a move to Colorado. How does the state’s new magazine limit affect people moving into the state? All of my magazines hold more than 15 rounds, the new limit. Also, they were purchased after the new law went into effect. Does that mean the moment I set foot in the state, I am illegal? It seems to be that way from what I am reading. What does all this mean for those of us not only moving into Colorado, but traveling there on vacation or business? Or for that matter, traveling through to a different state? What if there is not a smaller magazine available [for a particular firearm]? I looked and found there is not an available lower-capacity factory magazine for my handgun, a Springfield XDM 40 with 4.5-inch barrel. Does this mean I have the right to own this firearm, and Colorado’s new law disabled my firearm, making it a useless paperweight?

Also, in the case of the magazines that are modified to be compliant, are they still illegal because they were originally above the limit? For example, if I order parts to modify mine to be within the limit, does that abide by the law? Currently, mine are above the limit, but I can order a conversion kit that costs considerably less than new magazines. The modification serves the purpose of the law, limits the capacity. I would appreciate an answer from the AG’s office on this matter. I am sure others would as well. — sjbtjfam

U.S. Law ShieldLaw Shield: No magazines above the capacity limits are allowed in Colorado that were purchased after the date the law went into effect, regardless of whether it is owned by a resident or a visitor. If you are considering moving to Colorado, you absolutely are subject to the state’s 15-round magazine-capacity law, and your magazines would be illegal in Colorado. Unfortunately, because the magazines you use for your gun are illegal, you will not be legally able to use the gun with those particular magazines.

Regarding your question on modifying the magazines, unfortunately there is no “yes” or “no” answer. Like you said, the law is less than clear. If you are in possession of a magazine that is capable of holding more than 15 rounds, you are in violation of the law. By purchasing a kit “making it legal,” you probably would be within the bounds of the law, but this is a gray area that needs to be decided by a judge or jury. At this time, there is no case law on this issue.

If you want to ask a confidential question of the U.S. Law Shield or Texas Law Shield lawyers, send them an email.

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Comments (40)

  • G-Man

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    @ Frantbk: Seriously – now you’re throwing a temper tantrum? If anything you should have gone out of your way to prove me wrong by having responded with at least a bit class and maturity.

    But instead you actually chose the path of self-denigration by stooping to the lowest common denominator with pathetic attempts to hurl your impotent insults at all of law enforcement.

    You’re in quite a disgraceful condition indeed, but not unexpected as I had previously assessed in my last post. I must admit I feel an air of satisfaction that you so quickly proved how accurate my assessment of your juvenile personality really was.

    Unfortunately during your pitiful attempt to insult everyone in law enforcement, you may have not realized your categorical abuse extends to all LEOSA covered officers which also includes the Military, Coast Guard, Correctional Officers, Probation Officers, Postal Inspectors, Game Wardens, Forest Service, Park Police, Rangers, Marshals, Sheriffs, State Police, Constables, Border Patrol, Capitol Police, Supreme Court Police, Library of Congress Police, US Mint Police, Dept of State Police, Secret Service, Veterans Affairs Police, Railroad Police, Tribal Police, and University Police.

    I’m certain I forgot a few agencies given their members are numbered in the “hundreds of thousands”, but I think this is enough that you should easily realize by now what a ridiculous spectacle you’ve just made of yourself.

    Since you feel we are all such “unprofessional dicks”, do us a favor – if ever a loved one should wind up missing, your car gets stolen, or your home invaded, try not calling law enforcement and see just how far you get handling that on your own. I’m fairly confident your family will consider calling you the “D” word for failing to call us.

    Reply

  • Frantbk

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    G-man
    There is no doubt you are in law enforcement. You spend so much of your post beating up on people that don’t agree with you. The question I have is there any youtube video of you on the web? :) You weren’t the cop that smack the crap out of the women in California were you? Yes if you are going to call be stupid in writing expect to get your crap handed back to you.

    I would address all 9 paragraphs of your rant, but it would be just a waste of time. So I will leave you with this:

    LEOSA at its very core is say to the American people that police officers are so petty, immature, and unprofessional. That a law had to be passed by Congress to keep 929,000 officer from being such dixcks to one another that could ruin each others careers that this law had to be passed to force all of the DICK officer from screwing over another officer because they are petty, immature and unprofessional that we, the people, through our elected officials have to write dump ass law on conduct and how DICK, DUMB-ASS law enforcement officer must how to act when dealing with another person of there profession.

    That G-man is LEOSA at is very core. LEOSA is telling you how you must act when dealing with another person of the same profession. That in its self is pretty sad,. That act is say just how unprofessional law enforcement officer are in this country, which is pretty damn bad.

    Reply

  • Frantbk

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    Secundius
    Once again. Not if it is in conflict with a States rights under the U.S. Constitutions. If it is in conflict with the 14th and 10th Amendment the the Court is required to free the conflict in favor of the Amendments. Which is the supreme law of the law, not the LEOSA act. So, once again if the law is in conflict with an Amendment the Court has to free the Amendment of the conflict from that the act and render the act unconstitutional. Therefore it would not trump a State law because the State would be protected by the Amendment the act would be in conflict with.

    Reply

    • Secundius

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      @ Frantbk.

      If you really believe all that BS, You’d be petitioning the Supreme Court, right now with the NRA’s Money, Influence, and Lawyers, Right Now.If you can’t get anyone of US to swallow your BS. You’ll never sell it, too the Courts. It’s the law of the land, and live with it.

      Reply

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