On July 10, 2013, the Attorney General of Colorado issued an “Additional Technical Guidance” letter.  The first, related guidance was issued on May 16, 2013.  Both documents relate specifically to Colorado House Bill 1224, which was signed into law on March 20, 2013, and went into full effect on July 1, 2013. The guidance letters were issued (at least in part) due to pending litigation, Cooke, et al. vs. Hickenlooper (Case Number 1:2013cv01300).  In a quote to The Gazette newspaper, the lawyer representing the more than 50 sheriff plaintiffs says the remaining issue relative to CO-HB-1224 will be the constitutional question of the state banning magazines with over 15 rounds.  He estimates the case may go to trial as soon as December 2013. Discussed in the two guidance letters are magazines with removable baseplates.  The issue comes up relative to the statute provision which prohibits magazines “designed to be readily converted to accept more than fifteen rounds of ammunition.”  As per the guidance letters, that a removable baseplate is used for routine cleaning and maintenance does not make the magazine presumptively a “large capacity magazine.”  It goes on to say, “Of course, a magazine whose baseplate is replaced with one that does, in fact, allow the magazine to accept more than fifteen rounds would be a “large capacity magazine” under House Bill 1224.” The other issue addressed by the guidance letters has to do with the intended meaning and interpretation of “maintains continuous possession” of magazines. On the issue of CO-HB-1224 and the pending lawsuit, the following materials are available on our Orchid Advisors website:

• CO-HB-1224;
• Complaint in Cooke, et al. vs. Hickenlooper; 
• CO Attorney General guidance letters (May 16, 2013 and July 10, 2013); and,
• Roundtables conducted June 20, 2013 and June 27, 2013 on new laws and new lawsuits in CO, CT, MD, and NY