Loaded or unloaded?

Oct 6, 2005
Wakefield, MA
Feedback: 1 / 0 / 0
What is the official deffineition of a Loaded gun?

Of course a gun with no ammo anywhere near it is Unloaded.

What about a semi-auto with a loaded magazine near it (or in the same box)

What about a shotgun with a loaded tube, but no round in the chamber (or any gun with a loaded magazine, but an empty chamber).

Where is the line?

-Weer'd Beard
I am far from a firearms expert, but I always considered a firearm with a loaded magazine as "loaded", and a firearm with a round in the chamber as "chambered". Sorry cannot help you out with the true legal answer, my solution is way too simple to work with the law

Unfortunately it's what the prosecutor wants to make it until the courts rule on it.

I have always treated 'loaded' as ammunition inside the gun chambered or not. IE, Condition 3 (loaded mag, chamber empty, hammer down) is 'loaded' in my book, just not really quick to operate.

I'm sure that if you went and stored a pistol and a loaded magazine (mag not in gun) in one of those 'quick' lock boxes next to your bed and someone got into it and used it criminally you would find some politically motivated DA trying to declare that you had stored the gun 'loaded' for all practical purposes.

The sad part is that as far as I know there is no formal definition in law.
In Vermont, for Fish and Game purpose (our loaded long arm in vehicle law), if the ammo is in the gun, you're wrong. But the mag (detachable) can be loaded, as long as it's not in the gun.

Remember, that's Vermont. What the determination would be elsewhere I don't know.
considering if you get in trouble most likely the court will word it.
A gun with ammo in it is loaded.
if you want to spend enough money on a really good attorney you may be able to convince them that there is no way to fire a gun without a round in the chamber but i would not risk it.
Top Bottom