On June 29, 2020, in a unanimous opinion, the Colorado Supreme Court upheld the state’s ban on “large-capacity magazines.” In 2013, the Colorado Governor, John Hickenlooper, signed HB 13-1224 into law. HB 13-1224 banned the sale, transfer, or possession of “large-capacity magazines,” which are defined as “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 (“RMGO”), a gun rights advocacy group, filed a lawsuit challenging the constitutionality of HB 13-1224, arguing that the ban on “large-capacity magazines” violates the right to keep and bear arms provision of the Colorado Constitution. Specifically, RMGO argued that the provision in HB 13-1224 that bans any magazine that is “designed to be readily converted to accept, more than fifteen rounds of ammunition” includes any magazine with a removable base pad. Based on this interpretation, RMGO argued that HB 13-1224 effectively bans the vast majority of magazines and is therefore unconstitutional because it violates the right to keep and bear arms pursuant to the Colorado Constitution.
The Colorado Supreme Court disagreed with RMGO’s interpretation of HB 13-1224, concluding that it does not apply to all magazines with a removable base pad based on the plain language of the statute. It further concluded that a ban on magazines with a capacity of more than fifteen rounds did not violate the right to keep and bear arms pursuant to the Colorado Constitution.
If you have any questions concerning the Colorado magazine ban, or any other firearms issues, please contact John F. Renzulli or Christopher Renzulli.
