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Colorado Repeal of Provisions Concerning Large-Capacity Ammunition Magazines Initiative (2018)

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Colorado Repeal of Provisions Concerning Large-Capacity Ammunition Magazines Initiative
Flag of Colorado.png
Election date
November 6, 2018
Topic
Firearms
Status
Not on the ballot
Type
State statute
Origin
Citizens


The Colorado Repeal of Provisions Concerning Large-Capacity Ammunition Magazines Initiative (#60) was not on the ballot in Colorado as an initiated state statute on November 6, 2018.

The measure was designed to repeal provisions concerning ownership of large capacity ammunition magazines. A large capacity magazine would have been defined in the measure 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, or a fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells, or a nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine."

As of October 2017, Colorado revised statute §18-12-302 prohibited the possession, sale, or transfer of large-capacity magazines, except for individuals who owned a large-capacity magazine on July 1, 2013, and maintain continuous possession of the large-capacity magazine. Other exceptions are provided for branches of the armed forces of the United States, departments, agencies, or political subdivisions of the state of Colorado, or of any other state, or a firearms retailer for the purpose of firearms sales conducted outside the state of Colorado. The measure would have repealed all provisions dealing with large-capacity magazines, including restrictions on and exceptions to permitted ownership.[1][2]

Text of measure

See also: Laws governing the initiative process in Colorado

Full text

The measure would have amended Colorado Revised Statutes. The following struck-through text would have been deleted:[1][2]

§ 18-12-301. Definitions

As used in this part 3, unless the context otherwise requires:

(1) “Bureau” means the Colorado Bureau of investigation created and existing pursuant to section 24-33.5-401, C.R.S.

(2)(a) “Large-capacity magazine” means: (I) 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; (II) A fixed, tubular shotgun magazine that holds more than twenty-eight inches of shotgun shells, including any extension device that is attached to the magazine and holds additional shotgun shells; or (III) A nontubular, detachable magazine, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine. (b) “Large-capacity magazine” does not mean: (I) A feeding device that has been permanently altered so that it cannot accommodate more than fifteen rounds of ammunition; (II) An attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; or (III) A tubular magazine that is contained in a lever-action firearm.

§ 18-12-302. Large-capacity magazines prohibited--penalties--exceptions

(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) Any person who violates this subsection (1) after having been convicted of a prior violation of said subsection (1) commits a class 1 misdemeanor. (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 12-26.1-106(6), C.R.S., 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.

§ 18-12-303. Identification markings for large-capacity magazines--rules

(1) A large-capacity magazine that is manufactured in Colorado on or after July 1, 2013, must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after July 1, 2013. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large-capacity magazine.

(2) The bureau may promulgate such rules as may be necessary for the implementation of this section, including but not limited to rules requiring a large-capacity magazine that is manufactured on or after July 1, 2013, to bear identifying information in addition to the identifying information described in subsection (1) of this section.

(3) A person who manufactures a large-capacity magazine in Colorado in violation of subsection (1) of this section commits a class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.

Path to the ballot

See also: Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

The requirements to get an initiated state statute certified for the 2018 ballot:

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

On October 2, 2017, Kevin Klingsheim submitted the initiative to the Colorado Legislative Counsel for review and comment. On October 16, 2017, the counsel offered comments. Compliance with these recommendations was not required. On October 20, 2017, Kevin Klingsheim and Jazlyne Ford submitted a draft to the Colorado secretary of state. On November 15, 2017, the secretary of state determined that the initiative met the single-subject rule required by the state of Colorado and set a ballot title.[3]

The measure did not qualify for the November 2018 ballot because it had either (a) never been cleared for signature gathering, (b) was abandoned by sponsors, or (c) otherwise reached a certain stage in the initiative process, but did not make the ballot.

See also

External links

Footnotes