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Thread: what does new mexico consider a "unloaded firearm"????

  1. #1
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    what does new mexico consider a "unloaded firearm"????

    i have been searching and i cant seem to find what new mexico defines as a loaded firearm? the laws use loaded and unloaded a lot but no specific definition...

    to me a loaded firearm means a round in the chamber so if i squeeze the trigger it goes boom... if i have a magazine with bullets in the gun but no round chambered i can pull the trigger and no boom so to me thats unloaded....

    does anyone know what NM considered loaded or unloaded?

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    Campaign Veteran MAC702's Avatar
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    Good question. According to the very thorough researchers at www.handgunlaw.us:
    New Mexico law does not define Loaded. Its firearm laws are full of the word Loaded or Unloaded but does not give a definition.
    Last edited by MAC702; 07-18-2013 at 10:39 PM.
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    I know this does not answer your question, but in other states, such as Virginia, loaded means a round in the chamber, as you said. A magazine is just that, a place to store ammunition, regardless if in the weapon or not. I have searched for New Mexico definitions as well with no luck.

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    A lawyer might argue that you loaded rounds into the magazine and then loaded the magazine into the gun.

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    This is the catch 22. Most states refer to a gun as "loaded" when a bullet (or loaded magazine) is in direct inside contact with the "firearm". Empty magazine would not be considered "loaded" even if its inside the gun. Now just because NM law is "grey" on this, it doesnt mean that the cops or DA wont charge you, and wont convince a judge that you are wrong. But without a bullet or loaded magazine inside the gun, then its a lot harder for them to bring a case against you. Maybe a bit of common sense here is needed by the unloaded gun carrier. Keep the empty gun in one pocket, and the bullets/loaded magazine in another.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by NMOCr View Post
    This is the catch 22. Most states refer to a gun as "loaded" when a bullet (or loaded magazine) is in direct inside contact with the "firearm". ....
    I doubt this. In my experience, most states define it as a loaded chamber, especially the states that surround NM.

    I suppose someone could go through www.handgunlaw.us and start a tally. I don't have time to do it, but I would bet against you.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    A gun that cannot send out a projectile w/o first being loaded.

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    It sure sounds logical, until you get in front of an antigun judge that disagrees with you. Remember that NM is a fairly liberal/democrat state even if some counties are heavily republican. Also remember that in NM v ketelson, they said that a cop could "temporarily" take a gun during a traffic stop, despite that not being anywhere in the NM constitution (and in my opinion violates the NM constitution).

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    Campaign Veteran MAC702's Avatar
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    I did not say what NM considers to be "loaded," so no judge could disagree with me.

    I disagreed with you in that I don't think that "most states" consider "loaded" to be ammunition anywhere in the firearm. If you say otherwise, do you have the numbers?
    Last edited by MAC702; 11-16-2013 at 07:31 PM.
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    Exclamation

    Quote Originally Posted by MAC702 View Post
    I did not say what NM considers to be "loaded," so no judge could disagree with me.

    I disagreed with you in that I don't think that "most states" consider "loaded" to be ammunition anywhere in the firearm. If you say otherwise, do you have the numbers?
    In WASHINGTON state;


    **** (12) "Loaded" means:**** (a) There is a cartridge in the chamber of the firearm;**** (b) Cartridges are in a clip that is locked in place in the firearm;**** (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;**** (d) There is a cartridge in the tube or magazine that is inserted in the action; or**** (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

    In portland, oregon, they are trying to make the leap to say "loaded" includes rounds in a magazine, even not "locked inplace" on a firearm
    Last edited by MattinWA; 11-17-2013 at 09:09 AM.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by MattinWA View Post
    In WASHINGTON state;


    **** (12) "Loaded" means:**** (a) There is a cartridge in the chamber of the firearm;**** (b) Cartridges are in a clip that is locked in place in the firearm;**** (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;**** (d) There is a cartridge in the tube or magazine that is inserted in the action; or**** (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

    In portland, oregon, they are trying to make the leap to say "loaded" includes rounds in a magazine, even not "locked inplace" on a firearm
    I think Ohio is one of those where a guy can't even have a loaded speedloader and an empty revolver!
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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