When is a gun considered "Loaded"?

This is a discussion on When is a gun considered "Loaded"? within the Basic Gun Handling & Safety forums, part of the General Firearm Discussion category; My buddy and I where talking today and he mentioned that his in-laws where having domestic problems as a result of a firearm. Apparently, the ...

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Thread: When is a gun considered "Loaded"?

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    VIP Member Array varob's Avatar
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    When is a gun considered "Loaded"?

    My buddy and I where talking today and he mentioned that his in-laws where having domestic problems as a result of a firearm. Apparently, the wife is very anti gun and the husband has a CCW and keeps his gun in the house.

    As a compromise, the husband said he would keep the gun unloaded while it was in the house.

    I guess there was a misunderstanding of what "Unloaded" meant. The wife thought that unloaded meant no bullets in or near the gun, and the husband said a un-chambered gun was an unloaded gun because it was unable to fire by pulling the trigger.

    So, my buddy asked me, which definition of unloaded did I think was right?

    I told him that technically the wife was right, per rules for interstate travel with a firearm, but from a practical point of view, an unloaded gun was virtually useless when needed.

    How would you guys have answered this question?
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    Distinguished Member Array razor02097's Avatar
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    Technically unloaded: No round of ammunition in the chamber

    unloaded by most laws: No round in the chamber, no rounds in any magazines

    Rule of thumb: Gun is always loaded until physically cleared.



    My definition is a combination of the rule of thumb and the technical definition. I believe it would depend on the state also. In California you can carry an "unloaded" pistol in a holster and even loaded magazines but they can't be put together.
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    I think technically unloaded is just that no ammo in the gun. I would try to argue that an empty chamber meant an unloaded gun (as long as I am arguing with HIS wife). : )
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    Depends on your state.

    In Utah, the husband would be right.

    Here is Utah's definition:

    http://le.utah.gov/~code/TITLE76/htm/76_10_050200.htm

    (1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
    (2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
    (3) A muzzle loading firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinders.
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    As a wise old married man, all is irrelevant, save to say the wife is right.
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    I believe the military definition of "loaded" is "ready to fire." Unfortunately, those making rules (laws) in the civilian world tend not to pay attention to such practicalities, and make stuff up as they go along. In the old state of CT, I could leave the field at the end of a day of hunting with an empty chamber but with rounds in the magazine, but a couple of years ago the rules changed and now the gun is considered "loaded" if there are any rounds in the gun at all.
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    Ex Member Array Ram Rod's Avatar
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    When is a gun considered "Loaded"?
    Any time the gun is in your hands, or when one is pointed at you. For others? When they see it. Technically speaking of course.
    Not taking any sides here, but a frying pan without something cooking in it could still be hot. Many folks have met their demise with an unloaded gun. Maybe more so than with a loaded gun. An unloaded gun is one you've checked yourself meticulously.
    This could be a "loaded" question.
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    RKM
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    Technically, an empty chamber is unloaded. Loaded magazine inserted, empty chamber...that's debatable.

    Theoretically, a gun is ALWAYS loaded.

    If I was in this situation, while the gun is stored for HD, I'd maybe keep the slide locked back with the magazine sitting beside it. Personally, my Hk in my nightstand as well as my carry guns, Glock and Kahr are stored with loaded mags, +1 at all times in their holsters.

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    Tough situation. Are there kids around? What exactly is she afraid will happen? Perhaps he should have a retention holster with a deal that it will not be removed from the holster inside the house. Trigger covered, no problem.
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    I think in Kansas it's pretty much the same as the Utah law (above). If it takes more than one mechanical action to discharge the firearm it is considered unloaded. Now, if a semi-auto pistol has the safety on...? I don't know.

    However, if a revolver has a cylinder full of cartridges, it would be considered loaded. On the other hand, if my shotgun has a full tube of 00 buck but none in the chamber, it, technically, is unloaded. Not sure of the cops or DA would agree until it came before a judge, and I'd prefer not going down that road.

    I understand the situation proffered in the original post has nothing to do with the legal definition of "loaded." In that scenario I'd probably defer to my wife but keep the ammo close by.
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    Quote Originally Posted by BugDude View Post
    Tough situation. Are there kids around? What exactly is she afraid will happen? Perhaps he should have a retention holster with a deal that it will not be removed from the holster inside the house. Trigger covered, no problem.
    +1 on the holster suggestion.
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    I'd be looking for a new wife!
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    True Grit : "did you have the gun loaded and cocked", Rooster... " of course, a gun that's not loaded and cocked is useless... why , it don't even make sense ".

    I agree.
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    No round in the chamber = unloaded.

    Any other definition is ignorant. Yes--the laws of various States are indicative of ignorance by law-makers/politicians.

    However, in the "gun world" parlance..."unload and make safe" = no round in the chamber, no mag in the firearm

    The wife is speaking from ignorance...but doesn't that reflect all anti-gunners?


    Something tells me this is something beyond the whole "I don't want guns in the house" rant...this is a fight for control by the wife.
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    Quote Originally Posted by Hiram25 View Post
    I'd be looking for a new wife!

    ^^^^^^^^^^^^^^


    I'd seriously be thinking of Hiram's post above.
    As the old saying goes, lifes to short to dance with chubby chicks (pun intended), or deal with Anti-gunners, let alone live with them( the anti-gunners) or God forbid, marry them.




    Quote Originally Posted by Coder View Post
    Depends on your state.

    In Utah, the husband would be right.

    Here is Utah's definition:

    http://le.utah.gov/~code/TITLE76/htm/76_10_050200.htm
    ^^^^I agree with the definition above^^^^^^^^
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