(Update Completed) Your St. Law: When Is A firearm Considered Loaded?

Gary Slider

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Thanks everyone for your assistance. I have completed the task. Handgunlaw.us will be updated with this info around 1/1/11. Reason for the delay? Every state page will have to be updated then as Iowa will honors all other states permits/licenses. Thanks Again and Stay safe, Gary Slider



Handgunlaw.us is going to add a section to each states page that gives the state law on when a firearm is considered loaded. This varies widely from state to state. What I am looking for is the Statute that defines "When is a firearm loaded. I don't need the link to the law I just need the Alpha/Numeric for your states code. I can look it up easily myself. Example of what I need is "76-10-502" like the Utah Law below. There may be more than one section in a states statutes that defines this and there could be definitions on when a firearm is loaded in the States Administrative Rules also. This info will be added to each states page on or about 1/1/11 as that is when Iowa goes Shall Issue and honors every states permit/license. I have to update every states page at that time and this would be a great time to do it. Any assistance you could give handgunlaw.us would be greatly appreciated. I could find all this material myself but would have to go through all the states laws which would take many hours. Thank you for any assistance you can give handgunlaw.us in this matter and the time you will save me.
76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
 
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In Iowa the DNR considers a gun loaded if there is a loaded magazine in the car, even if not in the gun. I honestly don't know state law beyond that as I have had a carry permit for 25 years and never had to think about it.
I was trained there is no such thing as an unloaded gun anyway. All guns are loaded, even when they aren't. ( Rule # 1 ).
 
Took a LOT of looking as Georgia code doesn't distinguish between loaded and unloaded in most of the code, but here is one case where it is distinctly defined:

O.C.G.A. § 16-11-132

specifically:

(a) For the purposes of this Code section, a handgun is considered loaded if there is a cartridge in the chamber or cylinder of the handgun.
 
Nevada (IANAL):

There is no distinction for handguns.
NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
NRS 202.3653 Definitions. As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

1. "Concealed firearm" means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

For long guns the only definition/limitation that I know of is:
NRS: CHAPTER 503 - HUNTING, FISHING AND TRAPPING; MISCELLANEOUS PROTECTIVE MEASURES
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)
====================================
I hope this helps and thanks for all you do.

Ken
 
In Iowa the DNR considers a gun loaded if there is a loaded magazine in the car, even if not in the gun. .

So when you go hunting do you need two vehicles? One to transport the gun and one for the ammo?

Used to live in Iowa, about as gun unfriendly as Nj.
 
New York Penal Law, Section 265.00, Definitions, 3 and 15.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. [...] Firearm does not include an antique firearm.

15. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.


It is worth noting that NY DEC has a separate set of regulations, and possession of a rifle or shotgun "loaded in chamber or magazine" in/on a vehicle will get you a summons as well. The usual answer is: rifle empty, loaded mags are OK in a separate closed container.
 
The closest thing you will find in the Revised Statutes of Missouri is in RSMO 571.030.3:

3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible..... <snip>

In other words, an "unloaded state" can be construed to mean a state when no ammunition is present in the firearm AND when ammunition for said firearm is NOT readily available to the user/holder/transporter of said firearm.

Link: Section 571-030 Unlawful use of weapons--exceptions--pe
 
From what I understand, here in TN your firearm is considered loaded if there is ammunition present and within reach of the gun. For transport purposes you're wise to carry ammo/mags in the glovebox and your pistol in the trunk. For SUVs (no trunk) the firearm and ammunition must not both be within reach of anyone occupying the vehicle.

But, with a CC permit you're good to go as you pleas. We also have an OPEN CARRY law that's become so famous from people wanting to push their luck.
 
So when you go hunting do you need two vehicles? One to transport the gun and one for the ammo?

Used to live in Iowa, about as gun unfriendly as Nj.

Iowa is getting better, albeit slowly. For being in the midwest, it's a pretty liberal state.

In answer to your question, you can transport ammunition in the same car as your weapon...just wait until you get to the range to load your magazine. Unless you have your ccw, of course.
 
Here in utah for ccw purpose, they have what they call less than 2 actions to fire the gun is considered loaded. For instance one action would be jacking a cartridge in position on a auto or lever action. Pulling the trigger is another. Hope I am explaining that right.
 
In Georgia now, you can carry it loaded in your car without a permit since your car is considered an extension of your home. Home, car or place of business without a permit.( Of course you need a permit to walk from your home to your car) Gotta love the stupidity.
 
From what I understand, here in TN your firearm is considered loaded if there is ammunition present and within reach of the gun. For transport purposes you're wise to carry ammo/mags in the glovebox and your pistol in the trunk. For SUVs (no trunk) the firearm and ammunition must not both be within reach of anyone occupying the vehicle.

But, with a CC permit you're good to go as you pleas. We also have an OPEN CARRY law that's become so famous from people wanting to push their luck.
Tennessee doesn't define "loaded", but it does define "unloaded" at T.C.A 39-17-1301:
"Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

Not to miss anything, the same section even defines "immediate vicinity": "Immediate vicinity" refers to the area within the person's immediate control within which the person has ready access to the ammunition;

"Open carry" of handguns is only an option for permit holders and, as pointed out, those who want to interact with law enforcement.
 

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