Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
Posted: 1/31/2002 10:31:23 AM EDT
I was wondering just what is "loaded"??? An attorney said it means to him, one in the chamber. Unloaded is an empty chamber...
shells in the clip and an empty chamber is unloaded.

I think the term "lock and Loaded" meant lock the clip in and load the chamber so loaded would be in the chamber.

Anyway, I would appreciate opinions from those more knowledgeable than I. Thanks in advance for your info.
Link Posted: 1/31/2002 10:38:38 AM EDT
Unless you've got a Garand, firearms with ammunition in a clip are never loaded. H,
Federal law on the transport of firearms (interstate) says the firearm and ammunition MUST be kept seperate, so by that standard, your weapon would be considered "loaded."

Revolvers are always "loaded" if there is a round in any of the chambers, regardless of where you live.
Link Posted: 1/31/2002 10:40:47 AM EDT
I belive in IL a firearm with a loaded mag inserted is considered "loaded", even if the chamber is empty.

Av.
Link Posted: 1/31/2002 10:41:28 AM EDT
[Last Edit: 1/31/2002 10:43:15 AM EDT by thumbtrap]
I am aware of no legal definition of loaded that would consider a loaded magazine in the firearm, but an empty chamber to be unloaded.

Lock and Load will also be debated, but I'm pretty certain that it is a term coined for the M-1 Garand, where you lock the bolt back, and insert the clip. Failure to lock the bolt can result in a nasty suprise. People will argue this till they're blue in the face - mostly saying it means lock a magazine in place. But stick your thumb in there once, and then picture running a bazillion green recruits through the proceedure and you'll be convinced.

[edited cause we can't have no double negatives]
Link Posted: 1/31/2002 10:45:06 AM EDT
Not only does it depend on the state, but here in Cali it depends on who you ask. DOJ says a gun is loaded if ammunition is touching it anywhere. A loaded magazine lying next to a gun but not touching it is considered to be unloaded, but if the magazine is touching the gun, even if it's not in the magazine well, it's a loaded firearm.

OTOH, Cali DFG considers a gun loaded if there is a round in the chamber. Clear as mud, eh?
Link Posted: 1/31/2002 11:36:50 AM EDT
Whatever the specifics actually are in your locale, it doesn't really matter, does it? If you are not allowed to travel with a loaded gun, don't, IMHO, risk it...

When in doubt, an officer will confiscate your property (and maybe even you) and sort it out later. And we all know very well that what one person/officer "knows" is something completely different from the next one. Just don't risk it, keep everything separate when travelling.

Just ask oneshot1kill what its like getting back your own perfectly legal property that should never have been confiscated in the first place!
Link Posted: 1/31/2002 11:40:59 AM EDT

Originally Posted By Zak:
Unless you've got a Garand, firearms with ammunition in a clip are never loaded.



If I've said this once.......
Link Posted: 1/31/2002 1:04:40 PM EDT
Probably has to do with one of those crazy legalese legal definitions:

"ammunition within the firearm that would make the firearm readily capable of firing a projectile," meaning if all the operator has to do is pull the slide back and pull the trigger, it is "loaded."

YMMV.
Link Posted: 1/31/2002 1:31:03 PM EDT
In Cali
If the Ammo is with in the firearm's reach it is considered loaded
what did I just typed???

I might have heard a Mag is a part of gun so a loaded mag IS a loaded gun. (In Cali land)
Link Posted: 1/31/2002 1:35:15 PM EDT
A loaded magazine inserted with an empty chamber is a "half load".
A loaded magazine inserted with a full chamber is a "full load".
Link Posted: 1/31/2002 3:37:39 PM EDT
In Dallas Texas, Yes.
GG
Link Posted: 1/31/2002 4:09:46 PM EDT
In mississippi your vehicle is considered part of your household... for instance I'm only 19 but I could have a pistol loaded with one in the chamber in my back pocket totally concealed from cops and they couldn't do anything about it... UNTIL I step outta my truck then I'm up shit creek without a boat or paddle.
Link Posted: 1/31/2002 4:33:44 PM EDT
If you have a uzi that fires open bolt and the bolt is back and it has a loaded magazine in it I would say it was loaded!
Link Posted: 1/31/2002 4:36:40 PM EDT
In hunting, loaded means one in the chamber. But a Colorado State Patrol officer I talked to says he will bust people for having a loaded weapon if they have a loaded magazine anywhere on their person.
Link Posted: 1/31/2002 5:20:32 PM EDT
I'd have to say, a 'magazine' seated in a firearm, if it contains cartridges, is loaded. Even if one is not in the chamber. And empty magazine in a firearm is not loaded.

I'd have to say 'loaded' would constitute a state where only operation of the mechanisms of the firearm will make it fire. I.E., squeezing the trigger, or racking the slide, then squeezing the trigger. Basically, anything that does not include insertion of a magazine or cartridge.

Link Posted: 1/31/2002 5:34:29 PM EDT

In New Mexico :

A loaded magazine inserted into a pistol but no round chambered is a loaded weapon.

OTOH, a pistol in your right pocket and a loaded magazine in your left, is not only not a loaded weapon, it is not concealed carry.

Link Posted: 1/31/2002 7:00:02 PM EDT
I thought the law in Cali was that if you pick it up and the ammo comes up with it then it is 'loaded.' So if you have ammo in the chamber, in an inserted magazine, in a buttstock carrier, loose ammo attached to the barrel with duct tape, whatever then it is loaded.

Many state laws say that a weapon being transported must not have any ammunition in the case or even in the same part of the vehicle as the firearms. They want the ammo in the back seat and the guns locked in the trunk, which is really hard to do if you're driving a truck, an SUV, a station wagon, a minivan, a hatchback...
Link Posted: 1/31/2002 7:08:06 PM EDT
Just wanted to add a bit of fact from the American Rifleman no less ...

The phrase "Lock and Load" or "Locked and Loaded" actually orginated with the match lock rifle. The match would be locked back, the barrel charged with powder and a lead bullet then the flash pan was charged.

As one can imagine - preparing such a weapon in any other manner could be highly hazardous to one's well being.

just my .02

Ryan
Top Top