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Colorado May Have Its First Large-Capacity-Magazine Criminal Charge

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When Colorado’s Larimer County district attorney filed a charge for possessing high-capacity magazines against 29-year-old David Moscow on October 26, 2015, it may have been the first such use of the law since its adoption more than two years ago.

A search by U.S. Law Shield did not turn up another case in which the controversial law banning magazines with more than a 15-round capacity has been administered previously. A Larimer County government website lists Cliff Riedel as the jurisdiction’s DA.U.S. Law Shield

Prosecutors have charged Moscow for possessing the high-capacity magazines under Colorado Revised Statute 18-12-302, which reads in part, “a person who sells, transfers or possesses a large-capacity magazine that is designed to accept or can be converted to hold more than 15 rounds of ammunition commits a Class 2 misdemeanor, the exception being if the individual owned the magazine prior to July 1, 2013.”

Facts of the case: Moscow had been seeking readmission to the Front Range Community College in Fort Collins and was upset that he was probably going to be denied. He became disgruntled and a psychologist reported him to police, saying he was making threats about shooting a security guard and burning down a building at the community college if administrators didn’t re-enroll him. He was subsequently arrested.

While he was on a 72-hour hold for mental evaluation, investigators searched his home and vehicle and found an AR-15 semiautomatic rifle, a Glock .40-caliber handgun, and hundreds of rounds of ammunition. In addition, they found multiple large-capacity magazines for both firearms.

Moscow is a convicted felon, so it is illegal for him to possess firearms.

Click here to read more about the legal aspects of the case at U.S. Law Shield.

Click here to read the full story in the Fort Collins Coloradoan newspaper.

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