2 Littleton men file proposed state ballot measure to undo ammunition magazine limits

Measure would ask voters to outlaw magazine limits

DENVER - Two Littleton men say Colorado lawmakers over-stepped their bounds when they approved a ban on high capacity gun magazines.

Now, Tim LeVier and J.T. Davis are trying to put the issue to a vote of the people.

The two men have submitted a proposed constitutional amendment to the Colorado Legislative Council.

According to the wording of their proposal, it would establish a right of the people to purchase and possess high capacity ammunition storage and feeding devices.

"We believe in reasonable limits," LeVier told 7NEWS. "Some of (the legislation) is very reasonable and I applaud the legislature’s efforts. I just want to reign in where I believe they overstepped their bounds."

LeVier said he might agree with having serial numbers and date of manufacture stamps on the magazines but not an outright ban.

"Personally, I don’t think it should be limited at all,” he said. “But if it is to be limited, I think that’s the right of the people to decide."

"Well, God Bless Em, for trying," said Sen. Greg Brophy, R-Yuma County.

While Brophy gives the two men credit for trying to undo what he sees as bad legislation, he says the issue as something neither lawmakers nor citizens should be involved with.

"I still see this as a (Second amendment) constitutional issue," Brophy said. "The people and the Legislature shouldn’t be banning firearms that are commonly used by law abiding citizens."

The lawmaker who sponsored the bill banning high capacity magazines said LeVier and Davis are within their rights to take the issue to the voters.

"I know that polls suggest that 62 percent of the people in Colorado believe we should ban high capacity magazines," said Rep. Rhonda Fields, D-Aurora.

Fields represents the district where a gunman shot and killed 12 theater patrons last July.  She also lost her own son, Javad Marshall Fields, and his fiancé, Vivian Wolfe, to gun violence.

"That’s why I ran this bill, because I know what kind of devastation high capacity magazines cause when someone tries to kill as many people as they want to in a theater," Fields said.

LeVier said that once the Legislative Council reviews his proposal and offers suggestions on a final draft, it will be forwarded to the Secretary of State’s office.

He said he and Davis will then have to collect upward of 100,000 signatures to get the proposed amendment on the ballot.

If House Bill 1224 becomes law, anyone who currently possesses a magazine that holds more than 15 rounds is able to keep it, though if they transfer or sell the magazine, that individual would face a class-2 misdemeanor charge.

The House first approved the bill last month and Gov. John Hickenlooper has indicated he will sign the bill into law if it reaches his desk.