• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Definition of loaded firearm

Mungo

Regular Member
Joined
Nov 29, 2008
Messages
66
Location
Cary, North Carolina, USA
imported post

I have been searching the 'net for a definition of loaded firearm, particularly semi-automatics. Maybe a stupid question, but I just couldn't find a definitive answer.

A semi-automatic can be in three states, basically:

1- Carried with one in the chamber and full magazine
2- Carried without one in the chamber and a full magazine
3- Completely empty

What is technically (and legally) a loaded firearm?
 

Hawkflyer

Founder's Club Member
Joined
Feb 21, 2007
Messages
3,309
Location
Prince William County, Virginia, USA
imported post

Mungo wrote:
I have been searching the 'net for a definition of loaded firearm, particularly semi-automatics. Maybe a stupid question, but I just couldn't find a definitive answer.

A semi-automatic can be in three states, basically:

1- Carried with one in the chamber and full magazine
2- Carried without one in the chamber and a full magazine
3- Completely empty

What is technically (and legally) a loaded firearm?

Also it can have one in the chamber and nothing in the magazine. In fact one in the chamber and no magazine inserted.

In my view if there is ammunition in the weapon it is loaded. But no matter what, it is ALWAYS loaded until I can check it for myself.
 

Gator5713

Lone Star Veteran
Joined
Sep 28, 2008
Messages
591
Location
Aggieland, Texas, USA
imported post

As Hawk said, if there is ammo in it, it is loaded. If there is one in the chamber, it is loaded and 'Charged'.
However, different states may have different things to say about what condition you may carry. Some states may not allow you to carry 'charged' but you can have it loaded, while California won't allow you to have it loaded at all (magazine removed).
Therefore, the reason behind your question may help you to get a more definitive answer.

:uhoh:(these statements are from memory and therefore I do not have specific 'cites' for them.):uhoh:
 

shad0wfax

Regular Member
Joined
Oct 11, 2008
Messages
1,069
Location
Spokane, Washington, USA
imported post

Gunslinger wrote:
The legal definition varies state to state.

+1

This point can't be emphasized enough.

Not only that, but the definition of loaded can also change if you're talking about vehicular transport vs. carrying on your body.

In the state I live in, you can have shotgun shells clipped to your shotguns butt-stock and as long as the tube (or magazine) and chamber (or barrel(s)) have no shells in them, it's an unloaded shotgun. You can have a loaded magazine attached to your rifle (not in the magazine well) and so long as there is not a round in the chamber and there is not a magazine in the magazine well, it's an unloaded rifle. This applies even in a vehicle.

However, in other states having a loaded magazine in the same compartment of your vehicle that the firearm is in constitutes a loaded firearm in a vehicle.
 

demnogis

Regular Member
Joined
Jul 21, 2008
Messages
911
Location
Orange County, California, USA
imported post

Check your appropriate state's forum to find the legalities on what is considered "loaded" and "unloaded. The members in that forum will provide better help than in here. G'day :)

Gunslinger wrote:
The legal definition varies state to state.
 

cynicist

Regular Member
Joined
Aug 16, 2008
Messages
506
Location
Yakima County, ,
imported post

Varies from state to state.

For example, in WA:

(9) "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.


What I like about this is that, from what I can tell (unless I'm wrong about what an "action" is) you can have a clip in your gun, just not locked in.
 

Mungo

Regular Member
Joined
Nov 29, 2008
Messages
66
Location
Cary, North Carolina, USA
imported post

cynicist wrote:
What I like about this is that, from what I can tell (unless I'm wrong about what an "action" is) you can have a clip in your gun, just not locked in.

That's actually where I was going with the whole thing. Could be strategic to practice inserting a loaded magazine into an otherwise *legally* unloaded firearm, pulling back the slide and firing? Being quick and on the mark with that series of actions could prove useful.
 

shad0wfax

Regular Member
Joined
Oct 11, 2008
Messages
1,069
Location
Spokane, Washington, USA
imported post

cynicist wrote:
[SNIP]
What I like about this is that, from what I can tell (unless I'm wrong about what an "action" is) you can have a clip in your gun, just not locked in.
Yup, as long as it's a true CLIP and not a MAGAZINE. And I'm not kidding either. Thefolks who wrote our state law actually knew the difference; they're definitely referring to stripper clips.
 
Top