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Concealed carry unloaded

john carrjohn carr Member Posts: 1,717 ✭✭✭✭✭
edited January 2002 in General Discussion
Our state says you can carry as long it is in plain sight "subject to local ordinances." I worked with a guy named Paul who lived with the ex-wife of a just paroled convict who had been convicted of a crime of violence. The ex-con made it clear he was going to get his wife back "whatever it took." Paul took to carrying a .32 Walther PPK unloaded in his right coat pocket and the loaded clip in the left. He told me that if caught by authorities the charges would be much less than if the pistol was loaded. I have since asked several different people in positions of local authority what the outcome would have been and gotten several different answers which translated into "I really don't know." Has anyone seen or heard of an arrest under these circumstances and the outcome?

Comments

  • BullzeyeBullzeye Member Posts: 3,560
    edited November -1
    I dont know what your local ordinances say, but if he's really planning on trying to load that thing while staring down the barrel of some other guy's gun, he's got more than a few screws loose.Thats like the guy who puts a trigger lock on an unloaded gun and says he's using it for self defense.
  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Yep. The only thing more useless than an unloaded gun is two unloaded guns.If it ain't loaded it's just a boat anchor.
  • cbxjeffcbxjeff Member Posts: 14,749 ✭✭✭
    edited November -1
    It may make a small difference in IN. But even unloaded he could see jail time or a big attorney bill. As the other guys said - does he plan on loading during an attack? That's like putting your seat belt on when you see a wreck comming! Tell him to get a permit if they are available in your state.
    cbxjeffIt's too late for me, save yourself.
    It's too late for me, save yourself.
  • mudgemudge Member Posts: 4,551
    edited November -1
    I may be wrong, but I seem to recall that in some/most states, if the gun and ammunition are in close proximity (reachable) it's the same as being loaded. Mudge the uncertain
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
  • john carrjohn carr Member Posts: 1,717 ✭✭✭✭✭
    edited November -1
    All true. However if your loaded gun is in your pocket or holster and you look up into the muzzle end of a gun start praying. As somebody posted here "if it ain't in your hand it's too late." Elmer Keith always said "if you know you're going to get shot anyway, go for it." Hope I never have to find out.
  • SmokewagonSmokewagon Member Posts: 40 ✭✭
    edited November -1
    Hes still carrying a concealed weapon whether its loaded or not. Makes no differance. I agree with the rest, an unloaded weapon is a useless one.
    Sgt.J.Kysela/Oklahoma City Police Dept. F/A Instructor.
  • pops401pops401 Member Posts: 616 ✭✭✭✭
    edited November -1
    If he's going to carry it he may as well load it. He'll get just as many years.Sounds like the "Rather get caught with it than without it" syndrome. Another example of the law making a felon out of a citizen.
    Just one more gun and I'll quit.....HONEST....[This message has been edited by pops401 (edited 12-31-2001).]
  • RobinRobin Member Posts: 1,228 ✭✭✭✭✭
    edited November -1
    Dear John,My first Dear John letter. Open carry of firearms in Florida is generally prohibited, evidently they are not in your state. Our state law deals with concealed weapons, including firearms. A firearm's definition is not dependent upon whether or not the firearm is loaded or empty. Federal law must be the same because we all jump through the hoops to buy a firearm that is presumably not loaded. I'll bet a nickel that you could be convicted of aggravated assault in our state by uttering a few harsh words and pointing an empty .45 at most anyone. Of course that would be stupid in this state to point an empty gun at any one, because you are likely to get shot!
  • TxsTxs Member Posts: 18,801
    edited November -1
    First off, beware of asking for answers to legal questions from persons who live in other states.If this situation existed in Tx. your friend would go to jail for UCW (Unlawfully Carrying a Weapon) and his pistol would of course be seized. The fact that it's unloaded would make no difference, ammo readily accessible or not. In the "guilt or innocence" portion of a trial, assuming the officer had dotted his I's and crossed his T's, your friend would be screwed. The only time it COULD make a difference that a firearm was unloaded would be during the punishment phase of a trial, offered as a mitigating circumstance. In other words he'd still be found guilty, lose the firearm and suffer all the related long term consequences, but possibly get off with a lighter sentence.With him having both a firearm and a loaded magazine on his person he could probably expect to be screwed all the way around.If for some reason he doesn't want to legally carry a loaded firearm, suggest he get two cans of OC spray-one for himself and one for his GF.[This message has been edited by Txs (edited 12-31-2001).]
  • wundudneewundudnee Member Posts: 6,013 ✭✭✭
    edited November -1
    John Carr,How can we live in a rural midwest republican state and not have CCW?Have you ever wondered how many pickups go down Dg. co. 1029 with guns under the seat?I work shifts and am out at all times of the night. I used to keep a pistol under the seat but finally took it out when I started working in Topeka. I wouldn't be afraid to face a jury of my peers if they would just use a jury of my peers. Like an earlier poster said the laws make felons out of good people.
    "If stupidity got us into this mess, then why can't it get us out?" Will Rogers
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  • john carrjohn carr Member Posts: 1,717 ✭✭✭✭✭
    edited November -1
    Wundudnee it's because we have a RINO governor. If you remember, both houses passed the concealed carry permit law and the governor vetoed it. I sent him a protest e-mail and he sent me a return e-mail telling me how fortunate I was to live in a state which permitted me to own a gun. He also pushed for the mandatory seat belt law telling everyone how he wanted everyone to arrive home safe and sound, when what he actually wanted was the $850,000 grant the state would get if he ramrodded the bill thru. Liberals, I'm so sick of them.
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