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Loaded or not

yankee bobyankee bob Member Posts: 65 ✭✭
edited February 2003 in Ask the Experts
When is an auto pistol considered to be "loaded",loaded mag in but nothing in the chamber, is this considered loaded?? Opinions please, or what is the law??
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    William81William81 Member Posts: 24,639 ✭✭✭✭
    edited November -1
    In Illinois, Loaded magazine in even without one in the chamber is loaded.

    Guns only have two enemies: Rust and Liberals....
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    rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    I believe that most "laws" consider a firearm loaded when there is ammunition in the clip. Some states/cities/counties may consider a firearm to be essentially "loaded" if you have ammunition and the firearm in the same container or in close proximity.
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    ATFATF Member Posts: 11,683 ✭✭✭
    edited November -1
    ridowns,If what you say is true a Game Warden could say your gun was loaded if you had ammo in your pocket.Here in Maine you can carry a loaded mag. in your pocket and the gun is not loaded.

    [8D][:)][:D]

    ATF<P><br>
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    martzkj@msn.commartzkj@msn.com Member Posts: 582 ✭✭✭✭
    edited November -1
    Loaded mag in the gun!!! You are loaded!!!!
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    rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    ATF, I didn't say it was true for all states/cities/counties, but there are a couple towns and cities that I have been to that it is illegal to carry a firearm and to have one in your car where the ammo is in the same container as the weapon. NewYork comes to mind on that one. I know it is not true for federal law, but when you get into all the county/state/city ordnances then you will see all kinds of different laws on this very subject. Some of them utterly ridiculous.
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    ATFATF Member Posts: 11,683 ✭✭✭
    edited November -1
    ridowns,I'll have to agree with you about the ridiculous laws some States have.Hope it never gets like that here.
    [8D]

    ATF
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    yankee bobyankee bob Member Posts: 65 ✭✭
    edited November -1
    Thanks for the comeback. Reason for asking, on a traffic check, as per instructions gave the officer my CWP with my driver licence and insurance cards. Asked if I was carrying a gun, answered yes. Asked to see the gun. Removed the mag, locked the slide open, while keeping it pointed away from the officer, handed it too him. "Well you seem to be OK it was not loaded." This was a Glock 23, made the comment that it is the same as you carry, only you carry a Glock 22. No it is not a 22, it is a 40 cal., was his reply. OK not bashing, mabey he mis-understood my question. Bob
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    woodyd70woodyd70 Member Posts: 266 ✭✭✭
    edited November -1
    Gotta love livin' in the good ol'south. They let us carry 'um loaded to the gills right in the glovebox, no problem.

    Liberals will take this all away if they can, unbelievable.......
    woodyd
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    RancheroPaulRancheroPaul Member Posts: 1,459 ✭✭✭✭✭
    edited November -1
    In Utah, a gun is considered "Loaded" if it only requires two or less "actions" to cause it to fire......Example: loaded magazine already inserted into a semi-auto pistol.......(1)rack the slide, (2)pull the trigger and the result is "Bang." It is a "Loaded" gun. Same scenario, but with a semi auto pistol with a "safety lever." (1)Move the safety lever, (2)rack the slide, (3)pull the trigger and "Bang." Gun was considered to be "Un-Loaded" at the beginning of the sequence because three things were required before it would fire. Go from there with your own imagined sequences with whatever gun you are familiar with.

    Consider this, though. A 5 shot double action revolver would have to have two empty chambers in the cylinder properly placed to require the trigger to be pulled "three" times to fire to be considered "Un-Loaded." Then there would only be two rounds left....Good Shot?

    "Life is FRAGILE!" Handle With Care!
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    On the 'criminal law' side if there is ammo in the weapon (condition 3) it is loaded in most if not all juristictions.
    On the "fish and game" side of the law it is not considered loaded unless a round is 'chambered'. Thus you can have a weapon in a vehicle with ammo in the magazine but not in the chamber and it is not a 'hunting' violation in most states.[:)]
    As far as the comment made by the officer, it don't make any sense to me.[?]

    Self defence is an ablsolute and natural right. Keep your powder dry! J. Rau, Alaska
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    rldowns3rldowns3 Member Posts: 6,096
    edited November -1
    Let's just say that the answer varies depending on which way the water flows and the wind blows, where the moon and mars are in relation to saturn and how many pennies you have in your pocket on that day.
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    p3skykingp3skyking Member Posts: 25,750 ✭
    edited November -1
    As Bill Shakespear said: "Much ado about nothing" I believe a group of normal people would say "loaded" if ammunition is contained within the body of the weapon. Having the magazine (I do have two pistols that take "clips", a C96 Mauser and a 1912 Steyr-Hahn) out of the weapon leaves a weapon inopertive for it's purpose which is to launch projectiles. Let's not overly complicate things and NEVER volunteer information that you have a weapon. Never lie about it either. Most traffic cops have very little knowledge about weapons or the law.
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    LABWILDLABWILD Member Posts: 506 ✭✭✭
    edited November -1
    First rule of firearms safety: Treat all firearms as if LOADED!
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    Jim RauJim Rau Member Posts: 3,550
    edited November -1
    I most states with legal CCW laws the person who has a CCW permit MUST INFORM EVERY LEO THAT CONTACTS HIM THAT HE IS ARMED.[8]

    Self defence is an ablsolute and natural right. Keep your powder dry! J. Rau, Alaska
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