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