Gil223
Regular Member
Unfortunately, this is not an "either-or" condition between UCA 76-10-502(1) and (2). Subparagraph (2) begins: "Pistols and revolvers shall also be deemed to be loaded... " which makes it an additional condition - "and" - under which a firearm is considered loaded. I had to work really hard to get myself to believe that, but I can see the remote possibility of an exposed hammer pistol/revolver without a transfer bar, and a round under the hammer, firing if dropped. However, I can't see that as any sort problem with concealed hammer or hammerless revolvers. I am in complete agreement with our knowledgeable visitor from NV, MAC702 - "The UCA should have defined "firing position" for THEIR purposes, especially since we all know the top charge hole is the last to fire, and no intent of the legislature would have wanted that one to be required to be empty." IMNSHO, our legislature needs to take a good, hard look at the ambiguous and confusing wording. I don't know that what we are seeing was actually their intent, but it reads as it reads. Pax...
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