"unloaded" concealed carry

This is a discussion on "unloaded" concealed carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in new mexico. the law states you can possess and open carry a loaded handgun at 19. you cant apply for CCL until ...

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Thread: "unloaded" concealed carry

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    Member Array jswmp's Avatar
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    "unloaded" concealed carry

    I live in new mexico. the law states you can possess and open carry a loaded handgun at 19. you cant apply for CCL until your 21... however you can carry a unloaded gun concealed from what i have read from gun law sites....

    the problem is i am only 20 and cant do a ccl yet, on the other hand i don't feel too comfortable with open carry for multiple reasons....

    it sounds like unloaded concealed carry is ok.... however, new mexico does not classify what loaded or unloaded is...

    to me a gun is unloaded if there is n round chambered even if the mag is int he gun and has rounds in the mag.

    i want to make sure i wouldn't get in trouble and that i am obeying they law...

    does anyone know if there is a national definition for a loaded gun or an ATF definition?

    thanks
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    VIP Member Array Ghost1958's Avatar
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    As dumb as that law sounds I would wager any LE there dealing with it would consider a loaded mag in the gun with no round chambered as "loaded".
    " It is sad governments are chief'ed by the double tongues." quote Ten Bears Movie Outlaw Josie Wales

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    Member Array buckeyebersa's Avatar
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    Quote Originally Posted by jswmp View Post
    I live in new mexico. the law states you can possess and open carry a loaded handgun at 19. you cant apply for CCL until your 21... however you can carry a unloaded gun concealed from what i have read from gun law sites....

    the problem is i am only 20 and cant do a ccl yet, on the other hand i don't feel too comfortable with open carry for multiple reasons....

    it sounds like unloaded concealed carry is ok.... however, new mexico does not classify what loaded or unloaded is...

    to me a gun is unloaded if there is n round chambered even if the mag is int he gun and has rounds in the mag.

    i want to make sure i wouldn't get in trouble and that i am obeying they law...

    does anyone know if there is a national definition for a loaded gun or an ATF definition?

    thanks
    You really need to ask an attorney who is familiar with gun laws in the state of New Mexico. Good luck with whatever you decide.

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    VIP Member Array maxwell97's Avatar
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    Welcome!

    It's pretty dumb that they use the term "loaded" without defining it.

    The best I found on a federal definition is with regards to carrying onto an airplane:

    "In this section, “loaded firearm” means a starter gun or a weapon designed or converted to expel a projectile through an explosive, that has a cartridge, a detonator, or powder in the chamber, magazine, cylinder, or clip."

    49 USC 46505 - Carrying a weapon or explosive on an aircraft | Title 49 - Transportation | U.S. Code | LII / Legal Information Institute

    I would guess that this wouldn't have much implication in a state case. If you were arrested for it and the case went to court, most likely they'd argue that the "plain and ordinary meaning" of loaded is that there is ammunition in the gun, not necessarily in the chamber. This is a pretty tough point to argue - it seems state laws elsewhere always use loaded in this sense, and in my experience that's what it means to "gun people." if they wanted to nail you for it, likely all they'd have to do is borrow a police firearms instructor and have him explain that that's how they use the term in training.

    You'd want to ask a lawyer to be sure, but I'd say carrying with a loaded magazine, even without a round chambered, would be considered carrying a loaded gun.
    "Yet this government never of itself furthered any enterprise, but by the alacrity with which it got out of the way... The character inherent in the American people has done all that has been accomplished; and it would have done somewhat more, if the government had not sometimes got in its way."

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    VIP Member Array pittypat21's Avatar
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    If all you can carry is an unloaded firearm, then I'd suggest you carry pepper spray or the like instead - if it's legal there. An unloaded gun is just a hammer.
    "Be polite, be professional, but have a plan to kill everyone you meet."
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    VIP Member Array 9MMare's Avatar
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    A 'national' definition wouldnt help you, altho I seriously doubt one exists.

    It's what your state defines that matters.
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    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    Distinguished Member Array Hoganbeg's Avatar
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    As Pittypat has pointed out, there is no point in carrying an unloaded firearm.

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    Welcome to the forum.

    As to your question, if there is a round in the gun it will be considered loaded, doesn't matter if there is a round in the chamber or not. Think about it this way, if you're carrying a revolver and have the hammer down on an empty chamber, is the gun still loaded.
    Last edited by archer51; July 25th, 2013 at 06:03 PM.
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    Senior Member Array BigCityChief's Avatar
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    Take archer51's advice! He is absolutely correct. Unloaded means NO rounds in the gun - period! Don't get yourself jammed up needlessly. Good luck.
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    Member Array wsquared's Avatar
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    I'd find a defensive alternative for the next 12 months (pepper spray, taser, baton) and then get your concealed handgun license when you can. Trying to work your way through a legalese loophole might find you in an akward position when that loophole slams shut.
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    Quote Originally Posted by archer51 View Post
    Welcome to the forum.

    As to your question, if there is a round in the gun it will be considered loaded, doesn't matter if there is a round in the chamber or not. Think about it this way, if your carrying a revolver and have the hammer down on an empty chamber, is the gun still loaded.
    Quote Originally Posted by BigCityChief View Post
    Take archer51's advice! He is absolutely correct. Unloaded means NO rounds in the gun - period! Don't get yourself jammed up needlessly. Good luck.
    ^^^agreed^^^

    I absolutely wouldn't risk a weapons charge that could cause you troubles down the line. If you think having to wait until you are 21 to carry a loaded firearm stinks, think about losing the right to own any firearm... for life.
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    Member Array PaulRevered's Avatar
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    I'm not aware of any jurisdiction that would consider a loaded magazine in the weapon as "unloaded". I certainly wouldn't. If there is ammo in the weapon, it's loaded.

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    New Member Array LynnL's Avatar
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    Don't do it. Loaded is loaded, unloaded is unloaded. Simple.

    Lynn
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    New Member Array Jessr's Avatar
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    If its unloaded you might as well carry a hammer, the law makes no sense at all !!
    And I thought living in MA was difficult

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    Senior Member Array Chief1297's Avatar
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    Really, really bad idea. There is no reason for it other than to show someone you are "packing" as a show of force or bragging.
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