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Sdiver
08-01-2010, 17:42
Got into a discussion with a buddy of mine about this.

"What is the definition of a loaded weapon?"

Now I know, as all of you do, that you treat any weapon as being loaded at any time, until it is cleared, but, say you have a magazine fed weapon (M-14, M-16, 1911, pump or auto shotgun, ect) with a magazine in the well, but there is NO round chambered. Is that still considered a loaded weapon?

I looked on line for the definition and found some very interesting results. In California, the above example, it IS considered a loaded weapon, but across the boarder in Nevada it is considered to be NOT a loaded weapon.

Muzzle load weapons are only considered loaded when there is a cap on the nipple. There can be a ball/load with wad in the muzzle but as long as there is NO cap on the nipple, it is NOT considered loaded.

Just curious what you think and what your laws in your start say about this.

This is what I've found concerning Colorado....

Does it matter if it is loaded or not? SOMETIMES.

In general, it does not change things legally if it is loaded or not. For example, in your car, the law does prohibit long guns with a round chambered, but not handguns. These are based on hunting laws. But the law concerning weapons “in facilities of public transportation” does specify “any loaded firearm.” Technically, an unloaded firearm would be legal, but a violation of this law is a felony, so arguing loaded v. unloaded is some very thin ice to skate on.

33-6-125. Possession of a loaded firearm in a motor vehicle.

It is unlawful to possess any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan.

http://www.rmgo.org/faq/


Kind of a "Gray Area", if you ask me.


:munchin

EasyIan
08-01-2010, 20:10
NYC is different than the rest of the state so I can't speak for that area, but throughout the rest of New York if you have a handgun, as well as compatible ammunition on your person you are deemed to possess a loaded firearm. It is legal as long as you have a pistol permit with no restrictions. I'm quite sure that a loaded long gun is characterized when a loaded magazine is inserted or a round is chambered but I can't exactly recall. I'll try to dig it up.

Ian

Hardluck77
08-02-2010, 04:34
Definitely a grey area. SC Code of Laws doesn't specifically define a "loaded" firearm, however in WA loaded is defined as a round in the chamber or a loaded magazine locked into the magazine well, a round in the cylinder (revolvers), a shell in the tube (shotguns), or a ball in the barrel and a cap or primer in place (muzzleloader).

Either way I wouldn't risk doing anything illegal based on any state's laws. Even if you aren't doing anything illegal, a lot of LEO's out there may have different interpretations of the law.

As far as my definition of loaded firearm, well it depends on who is carrying it and how well I know them. ;)

Penn
08-02-2010, 06:25
This is a good source for all state laws with regard to firearms, CCW, etc
http://carryconcealed.net/legal...state-laws.php

mark46th
08-02-2010, 10:45
Brush Okie- You are exactly right about California. I have been stopped by Fish and Game Wardens who didn't mind having the magazine loaded as long as the chamber is empty. But, as soon as I stop actively hunting and get to the blacktop, I empty the magazine...