When do we considered a gun is loaded.

S

stdalire

New member
In legal parlance, what do we mean if we say
"Loaded Gun".

Do we mean that there is a bullet inside the barrel or simply there is a magazine in the magwell.

I asked this question because there are instances where we have documents relating to guns that we transport that it usually state the word "The gun must not be loaded". By technicality, shall we mean empty barrel even there is magazine in the magwell.

Thanks,
 
My opinion only, as I am not a lawyer (nor do I play one on TV):

Revolver - all cyliders empty

Pistol - empty chamber and magazine (or no magazine inserted)

Shotgun - empty chamber and tube

Rifle - empty chamber and magazine/tube

FWIW.
 
I agree with Bob Locke, additionally, in Ohio, if you are transporting a firearm, it is considered loaded if there are cartridges within the same compartment as the gun.

In other words, if you have a firearm within the passenger compartment, all ammunition must be in the trunk.

See http://www.nraila.org/research/statelaws for more information.

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RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
 
The state of California considers a gun loaded if any ammunition is within the gun (cylinders, integral mag, or removeable mag), even if no round is in the chamber.

Further, when transporting, if ammunition is in proximity to firearm so as to readily prepare firearm for firing.

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"Quis custodiet ipsos custodes" RKBA!
 
To be completely certain, I would recommend that with a semi-auto pistol, remove the magazine and lock the slide back.

[This message has been edited by ArmySon (edited May 31, 2000).]
 
A reference that might be suitable,
http://dictionary.msn.com/find/entry.asp?search=Loaded

Though this comes from Microsoft's Encarta site, a little thought might be in order. Since Microsoft has seen fit to introduce improper dialect and language, in describing the Second Amendment, http://www.encarta.msn.com/find/Concise.asp?z=1&pg=2&ti=761553383 .

Off topic I know, but look at how this Amendment, is the only one not defined, as compared to the other nine.

Hope this has helped some...

Best Regards,
Don

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The most foolish mistake we could make would be to allow the subjected people to carry arms;
History shows that all conquerers who have allowed their subjected people to carry arms have prepared their own fall.
Adolf Hitler
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"Corrupt the young, get them away from religion. Get them interested in sex. Make them superficial, and destroy their rugged- ness.
Get control of all means of publicity, and thereby get the peoples' mind off their government by focusing their attention on athletics, sexy books and plays, and other trivialities.
Divide the people into hostile groups by constantly harping on controversial matters of no importance."

Vladimir Ilich Lenin, former leader of USSR

[This message has been edited by Donny (edited May 31, 2000).]
 
Realize that what "we" here consider to be loaded means absolutely nothing. What you're asking is when is a gun considered to be loaded by law. For that, you'll have to check the law in question to see if it is defined. If it is not defined in the law, then you'd have to check case law.

That said, I strongly suspect that in most jurisdictions, condition 3 (magazine full, magazine in gun, chamber empty) is considered to be a loaded gun. If there is a law that prohibits you from carrying or transporting a loaded gun, don't think you can get around it by carrying in condition 3.

Jared
PS. Here in the People's Republic of Massachusetts, it is a felony to transport a loaded rifle magazine, let alone a loaded rifle.
 
Is PA, a gun is legally "loaded" if a gun is in the same compartment as the bullets, or loaded magazine. However, a compartment is semi-realistically defined to include different sealed compartments within a bag. So you could keep a loaded magazine in one zippered compartment and the gun without a magazine in another zippered compartment.

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There are two types of men: those with guns, and those at their mercy.
 
· Thank you so much for all your comments.
· As being defined by several state laws or country as to when a gun is loaded seems a lot of loopholes.
· DC said, if the proximity of the ammunition can easily be accessed to readily fire the gun can be considered loaded.
· M1911 cited well my thoughts that what I have asked is when do we really considered the pistol loaded by law when we are transporting (that is not under permit to carry or CCW documents) but only covered by permit to transport.
· Mikul statements is a good point to think of, that a gun is considered loaded if gun and ammo is in the same compartment but the loophole or to get away from being question is when we place gun and ammo in different compartment be it in a compartmentalized bag, box or any carrying case. This is what I want to emphasized. There is no gun holder that will transport a gun that he/she don't have easily access to the ammo and gun together in case of emergency. Anyway the authority cannot help a person in danger in the vicinity if victimized. So, I think permit to transport and permit to carry or CCW has no so much difference as permit to transort will still allow a person to have access on his gun/s in a moment of time.
 
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