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