Posted: 2/27/2006 11:03:22 AM EDT
[#11]
Quoted: Last year I posted the question What Defines a Loaded Gun?
I posted the question here in the NVHTF because several years ago there was a change in Nevada statute defining loaded firearms.
I wasn't asking about treating "every gun as if it were loaded," I wanted to know what people considered a loaded or unloaded gun under the law. Nevada statute used to define an "unloaded" gun as a firearm that does not contain an unexpended round of ammunition in the chamber regardless of the fact that there is a loaded magazine in the gun.
I don't understand why the law was changed from reflecting proper nomenclature to what it is now. I'm with Fish and Game, if there is not a live round in the chamber the gun is NOT loaded. If it works for rifle and shotguns it should work for handguns as well. They can't have it both ways.
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The problem is that the term can be defined in a statute, and the term only applies to that statute. An example: The term "firearm" is defined as one using combustive or explosive materials in order to fire a projectile.in NRS 202.253
NRS 202.253 Definitions. As used in NRS 202.253 to 202.369, inclusive:
1. “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
2. “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
4. “Motor vehicle” means every vehicle that is self-propelled.
(Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350)
| NRS 202.265 specifically includes paint, pellet, and BB guns as firearms in this statute:
NRS 202.265 Possession of dangerous weapon on property or in vehicle of school; penalty; exceptions.
1. Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University and Community College System of Nevada or a private or public school or while in a vehicle of a private or public school:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles; or
(e) A pistol, revolver or other firearm.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:
(a) Peace officer;
(b) School security guard; or
(c) Person having written permission from the president of a branch or facility of the University and Community College System of Nevada or the principal of the school to carry or possess the weapon.
4. For the purposes of this section:
(a) “Firearm” includes:
(1) Any device used to mark the clothing of a person with paint or any other substance; and
(2) Any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
(b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
(c) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.
(d) “Trefoil” has the meaning ascribed to it in NRS 202.350.
(e) “Vehicle” has the meaning ascribed to it in NRS 484.148.
(Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806)
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So sometimes it depends on the specific statute. NRS 503.165 is the only statute that I am aware of that defines a "loaded" firearm:
NRS 503.165 Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.
2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
3. The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.
(Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596)
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