According to KDVR, state Sen. Bernie Herpin (R) made the comments during a hearing debating legislation he has proposed that would overturn the state's new ban on magazines of more than 15 rounds. A measure similar to Herpin's was voted down on Monday by Democrats in the state's House.
“My understanding is that James Holmes bought his 100-round capacity magazine legally,” state Sen. Irene Aguilar (D) said to Herpin during the hearing. “So in fact, this law would have stopped James Holmes from purchasing a 100-round magazine. ... I just wondered if you agree with me.”
“Perhaps, James Holmes would not have been able to purchase a 100-round magazine,” Herpin said in response. “As it turned out, that was maybe a good thing that he had a 100-round magazine, because it jammed. If he had instead had four, five, six 15-round magazines, no telling how much damage he could have done until a good guy with a gun showed up.”
Herpin was elected in September to replace former state Senate President John Morse, a Democrat who faced a recall following his support of gun control measures.