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Thread: Definition of Unloaded

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    Definition of Unloaded

    Forgive me if this has been answered somewhere else on this forum, but I have been unable to locate a truly official answer. What exactly does "unloaded" imply? Does a semi-automatic have to have no magazine and no bullet in the chamber to be considered "unloaded?" Can a magazine (loaded) be in the gun, but no bullet chambered? Personally, this would be considered "unloaded" to me in an open carry situation.

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    If you add your location to your profile, any nuances of your local and State laws can be considered.

    A general answer that does not take into account the laws at your location would be: An unloaded gun has no round in the chamber and either no magazine in the gun or no rounds in the magazine.

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    I live in Florida which doesn't even allow open carry...we do have concealed carry with a permit, which I have...

    I just joined the forum so I will go update my profile now.

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    Yep, check your local definition... but typically "unleaded" means no ammunition in contact with the weapon AT ALL

    I have a Browning BAR .270 that I used to hunt with... the "clip" is on a swing hinge that snaps into place, but it will disconnect from the hinge. The gun shop showed me this specifically because if I had left the magazine attached to the swing clip, even with it in the open position, it would not meet the definition of "unloaded" according to the game hunting laws here.

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    Regular Member Half Live's Avatar
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    In colorado unloaded means no round in the chamber. At least that is with long guns in cars.

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    Definition per the ATF for LOADED is as follows " any handheld or shoulder fired weapon, with an attatched magazine , containing one or more rounds of ammuniton, in the magazine, clip or chamber, or any handheld or shoulder fired weapon, without an attached magazine, with one round in the chamber"

    so unloaded by ATF federal laws is the opposite of above. meaning , no mag, clip, attached with ammo inside it, and no round in the chamber

    if you wanna really unload it you can pop off the slide and remove the barrel :-p hehe



    p.s. when LEO's refer to "weapon" that only applies to the part of the gun that contains the serial number in legal standards. A.E. GLOCK the barrel slide and frame, wherever beretta just the frame......just incase ;-)
    Last edited by jay75009; 07-07-2010 at 07:30 PM. Reason: forgot sumpthin :-p

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    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by jay75009 View Post
    so unloaded by ATF federal laws is the opposite of above. meaning , no mag, clip, attached with ammo inside it, and no round in the chamber
    WI uses this definition. An empty magazine may be inserted and a loaded magazine may be in the carrying case so long as it is not "attached" to the firearm.

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    Smile

    exactly. i carry 3 mags at all times, 1 for the weapon, 2 spares. but if you ever saw me OCing i have 3 kydex mag holders on my belt. therefore i have a spot for my main mag when i unload my pistol and put it on the seat next to me ;-)

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    Regular Member Half Live's Avatar
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    Quote Originally Posted by Half Live View Post
    In colorado unloaded means no round in the chamber. At least that is with long guns in cars.
    I have to change my answer. When in Colorado and traveling by car, long guns have to be unloaded per hunting laws. Unloaded by our law is the chamber empty. But you can have the mag full and in the long gun if you want.

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    TCA 39-17-1301

    (7) “Immediate vicinity” refers to the area within the person's immediate control within which the person has ready access to the ammunition;

    (18) “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.

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    Post Define: Unloaded

    Unloaded - Useless; unintelligent. use: An unloaded firearm is a really expensive hammer.
    etimology:
    New age progressive propaganda speak. This type of speak ignores
    reality, and focuses on how you feel. Typically used to brainwash large groups
    of weak-minded people. Also see: groupthink; sheeple; follower.

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    Regular Member simmonsjoe's Avatar
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    Quote Originally Posted by Half Live View Post
    I have to change my answer. When in Colorado and traveling by car, long guns have to be unloaded per hunting laws. Unloaded by our law is the chamber empty. But you can have the mag full and in the long gun if you want.
    Double check this. In VA we have similar hunting laws, but they don't apply if you are carrying for a purpose other than hunting.

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    I'm a firm believer that if the State and/or Municipality allow their LEOs to carry in condition 1 (chambered/loaded), then they cannot force the public to carry unloaded.

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    What one believes another cannot do has no effect on what he can do.

    Now, I would agree that if LEOs carry in condition 1, the law should allow lawful carriers to do so too. Where it doesn't, regardless of what you believe, carry loaded at your own peril.

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    Regular Member Half Live's Avatar
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    Quote Originally Posted by simmonsjoe View Post
    Double check this. In VA we have similar hunting laws, but they don't apply if you are carrying for a purpose other than hunting.
    Well, I missed the word chamber but the law states the chamber must be "unloaded"


    http://www.michie.com/colorado/lpext...33-6-125%27%5D

    33-6-125. Possession of a loaded firearm in a motor vehicle.


    It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.
    Last edited by Half Live; 07-17-2010 at 01:55 AM.

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    irrelevantpossibly irrelevant?

    Quote Originally Posted by Half Live View Post
    Well, I missed the word chamber but the law states the chamber must be "unloaded"


    http://www.michie.com/colorado/lpext...33-6-125%27%5D

    33-6-125. Possession of a loaded firearm in a motor vehicle.


    It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of such firearm is unloaded. Any person in possession or in control of a rifle or shotgun in a motor vehicle shall allow any peace officer, as defined in section 33-1-102 (32), who is empowered and acting under the authority granted in section 33-6-101 to enforce articles 1 to 6 of this title to inspect the chamber of any rifle or shotgun in the motor vehicle. For the purposes of this section, a "muzzle-loader" shall be considered unloaded if it is not primed, and, for such purpose, "primed" means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of fifteen license suspension points.
    If this is a hunting ordinance, it may not apply if you aren't hunting.

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    Chasing the links, it looks like only a game warden can check the loaded status,
    your basic traffic revenue enhancer doesn't have the authority to check.

    Also if you don't mind burning embers flying about the cabin of your car, you can
    have matchlocks loaded, as they have no flint, there is no way to have the pan filled and flint.
    I wouldn't recommend it myself, as the pan could ignite, but at least you can't be charged
    with points. Wonder how much their panties would bunch up if you convert a flintlock
    to use a pizo-electric spark instead of the flint so you can keep the pan loaded.

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    Oh by the way

    Welcome to OCDC nekkid !!!

    these guys will be tons of help and great info. enjoy your self
    "To disarm the people is the most effectual way to enslave them."
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    I believe in CO even in an open carry situation, an empty chamber is all that is required. I toted my G23 around with 13+0 and never got called on it.
    An individual should not choose the caliber, cartridge, and bullet that will kill an an animal when everything is right; rather, he should choose ones that will kill the most efficiently when everything goes wrong

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    Quote Originally Posted by anton.ziny View Post
    I believe in CO even in an open carry situation, an empty chamber is all that is required. I toted my G23 around with 13+0 and never got called on it.
    You can carry a handgun in Colorado with 1 in the chamber.

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    good info, ill keep it in mind next time i visit.
    An individual should not choose the caliber, cartridge, and bullet that will kill an an animal when everything is right; rather, he should choose ones that will kill the most efficiently when everything goes wrong

  22. #22
    Regular Member Half Live's Avatar
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    Quote Originally Posted by anton.ziny View Post
    good info, ill keep it in mind next time i visit.
    If you do come here. You can't open carry in Denver.

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