Silly Question

Gopher

New member
What in the eyes of various state laws constitutes a "loaded firearm?" A revolver with rounds in the cylinder I would consider loaded. What about a semi-auto with a charged mag in with the hammer down, safety on, and an empty chamber? You would have to release the safety and rack the slide to "load" the weapon. Same would be true of a shotgun with the tube loaded but chamber empty and safety on. Just because of the general talk of the day and what liability issues this might bring into play if there was an AD or God forbid an accidental shooting I was curious. Comments?
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Gopher:
What in the eyes of various state laws constitutes a "loaded firearm?" A revolver with rounds in the cylinder I would consider loaded. What about a semi-auto with a charged mag in with the hammer down, safety on, and an empty chamber? You would have to release the safety and rack the slide to "load" the weapon. Same would be true of a shotgun with the tube loaded but chamber empty and safety on. Comments?[/quote]

I would think that any weapon that you pick up and carry away and the bullets go along for the ride . That is OTHER than an ammo belt attached to the outside .



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TOM SASS MEMBER AMERICAN LEGION MEMBER NRA MEMBER
 
Self-contained and ready to go...i.e what Tom said.
If a firearm isn't loaded, you can cock it, pull the slide or bolt, rack the pump, lock the bolt, whatever.....pull the trigger....no boom.

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"Quis custodiet ipsos custodes" RKBA!
 
In New Mexico, loaded means having a magazine in the gun. If I have read some other states correctly, loaded means one in the chamber.
 
Utah State law defines "loaded" as follows:

When there is an unexpended cartridge, shell or projectile in the firing position.

Pistols and revolvers shall be also deemed loaded when an unexpended cartridge, shell or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell or projectile to be fired.

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Under this definition a loaded gun may not be legally loaded.


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Those who carried materials did their work with one hand and held a weapon in the other, and each of the builders wore his sword at his side as he worked.
Nehemiah 4:17,18
 
Am not for sure on this, but was once told that with revolver in Oklahoma, if cylinder full, but open is considered unloaded. Don't quote me, is a lot of BS flying around these days. ;)
 
Is this question mainly related to transportation? Oklahoma Title 21 Section 1289.13. "...a rifle or shotgun may be transported when clip or magazine loaded and not chamber loaded when transported in an exterior locked compartment of the vehicle or trunk of the vehicle."

As far as pistols go, a local survey of LE's netted a small majority who considered a loaded mag within accessibility of an unloaded pistol a loaded weapon.

I suppose that if one is to transport "legally" they should either have a CWL and carry a chambered, accessible, tool; or, transport a weapon in a totally useless configuration.
 
The topic came up in conversation one day and got us to thinking. Some thought if you couldnt pick it up and it go boom when the trigger is pulled it wasnt loaded. The main topic was about storage and weather or not your "home defense" gun was "loaded."
 
One nice thing about Texas-- our Penal Code makes no reference to loaded or unloaded. Consider-- if you're the clerk at a Stop 'N' Rob and a gun gets pointed at you, you were no less threatened if the fellow had not loaded the weapon before he went in. You would reasonably fear for your life and limb.

Occasionally, we do things right down here.
 
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