After Vegas, Shooting Major City to Impose Semi-Auto Magazine Ban

It’s been four months since the horrendous attack in Las Vegas (which we still know little about), and several states have already adopted new laws banning bump stocks. One U.S. city, Denver, Colorado, just joined the club and passed a bump stock ban of their own. But included in that measure is a new restriction on magazine capacity as well.

In an 11 to 1 vote, the City of Denver enacted a full ban on selling, carrying, storing, or possessing bump stocks, along with a new limit on magazine capacity, from 21 rounds down to 15.

The vote, though largely symbolic according to the Denver Post, was applauded by those attending the meeting. Denver has long banned certain rifles that could be modified with bump stocks. So the ban on bump stocks themselves was basically just another law to make people feel good (just like most other gun laws).

However, to add to the damage, the city will now prohibit magazines greater than 15 rounds in city limits. The Post claims that this brings the city in line with state law, but that’s actually not the case; possession of magazine greater than 15 rounds is now prohibited. That means anyone with a standard magazine will have to get rid of them if they want to remain compliant with the law.

Anyone found in violation of the ordinance could face six months in jail and a fine up to $999.

The only no vote was from Councilman Kevin Flynn, who had proposed an amendment allowing law-abiding gun owners to keep existing magazines. His amendment failed by a 6-6 vote. Without that amendment, he could not vote in favor of the proposal, even though he wants bump stocks to be banned.

“We’re putting law-abiding, decent gun owners in Denver in a dilemma,” Flynn said about tightening the magazine limit without the grandfathering exception.

Colorado state law prohibits purchase and transfer of magazines over 15 rounds, but those who possessed such magazines before the law was passed over four years ago were able to keep what they already owned. Denver made no such exception.

“Gun violence is often coming from a home base,” said Councilwoman Robin Kniech, citing domestic violence as a reason to prohibit all possession. (Like arbitrary restrictions will stop someone hellbent on abusing or killing their significant other? What world do these people live in?)

The new city ordinance presents several legal issues in my assessment, and there will likely be lawsuits in the near future. First, it violates the state and federal constitutions’ guarantees that the right to keep and bear arms for personal protection shall not be questioned or infringed.

By placing an arbitrary limit on how many rounds a person may have in an ammunition feeding device, it infringes on a person’s ability to protect him or herself (who knows how many rounds may be needed in a defensive situation? Do these council members know about every attack that will happen in the future, what resources may be needed to fight off the attackers?).

There is also a due process of law issue, because those who possess standard capacity magazines will be forced to get rid of their otherwise lawful property. Both the federal and state constitutions prohibit denying someone their property without due process of law, and a city ordinance that forces everyone to give up property lawfully owned and used is definitionally a violation of that fundamental civil liberty.

The lawsuits are likely coming (I hope, at least). Petitions are already circulating as well, asking the state government to overturn the ordinance. What the future holds on that is uncertain, but for now gun owners in Denver have some hard choices to make.

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