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Definition of Unloaded

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Nekkid

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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.
 
eye95

eye95

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Fairborn, Ohio, USA
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.
 
N

Nekkid

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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.
 
D

daddy4count

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May 11, 2010
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Seattle, Washington, USA
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.
 
J

jay75009

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somewhere, somewhere USA
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 ;-)
 
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J

jay75009

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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 ;-)
 
Half Live

Half Live

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Littleton, CO
Half Live said:
In colorado unloaded means no round in the chamber. At least that is with long guns in cars.
Click to expand...

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.
 
kwikrnu

kwikrnu

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Tennessee

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.
 
S

simmonsjoe

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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.
 
S

simmonsjoe

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Mattaponi, Virginia, United States
Half Live said:
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.
Click to expand...
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.
 
H

heresyourdipstickjimmy

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Jul 13, 2010
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279
Location
Mo.
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. :banghead:
 
eye95

eye95

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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.
 
Half Live

Half Live

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simmonsjoe said:
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.
Click to expand...

Well, I missed the word chamber but the law states the chamber must be "unloaded"


http://www.michie.com/colorado/lpex...id=3e560e4d.76343909.0.0&q=[Group '33-6-125']

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.
 
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S

simmonsjoe

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irrelevantpossibly irrelevant?

Half Live said:
Well, I missed the word chamber but the law states the chamber must be "unloaded"


http://www.michie.com/colorado/lpex...id=3e560e4d.76343909.0.0&q=[Group '33-6-125']

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.
Click to expand...
If this is a hunting ordinance, it may not apply if you aren't hunting.
 
S

SlackwareRobert

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Jun 10, 2008
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Alabama, ,
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.
 
afcarry

afcarry

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Southeast of KC Mossouri
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.
 
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