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April 7th, 2013, 03:57 PM #1Senior Member
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§ 6102: Definitions. Loaded magazine
"the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm."
Hypothetical question. If you kept your handgun in a holster, unloaded with no magazine inserted and kept the loaded magazine in a spare mag compartment of the holster would this suffice legally? It is a compartment and usually has some type of snap or velcro to secure it. Curious what your opinions are.
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April 7th, 2013, 04:05 PM #2
Re: § 6102: Definitions. Loaded magazine
"Loaded." A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment.Last edited by tl_3237; April 7th, 2013 at 04:08 PM.
IANAL
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April 7th, 2013, 04:27 PM #3Senior Member
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Re: § 6102: Definitions. Loaded magazine
oh nice. I wasn't aware of the addition.
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April 7th, 2013, 06:15 PM #4
Re: § 6102: Definitions. Loaded magazine
Out of curiosity, what difference does it make?
You mentioned a handgun. What does it matter if it's loaded or not? The laws on carrying it are the same, whether it's loaded or not. A rifle, on the other hand, must be unloaded in a vehicle.
If you don't have an LTCF, you can open carry on foot, and as far as the law is concerned, you can carry loaded or unloaded. If you take it in a car, you are breaking the law regardless of whether it's loaded, unless you are going directly to or from an exempted place (range, gunsmith, etc.)
If you have an LTCF, then you can carry in your vehicle, and once again, whether the weapon is loaded is legally irrelevant.
AFAIK, you only have to worry about this with a long gun, and even then, it only matters in a vehicle.
Not trying to sound like a jerk, I just don't see why it matters to you if the handgun is legally loaded or not, when it really doesn't matter in the eyes of the law.Everyone should have an AK-47
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April 7th, 2013, 06:24 PM #5Senior Member
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April 7th, 2013, 06:28 PM #6Grand Member
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April 7th, 2013, 06:29 PM #7Senior Member
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Re: § 6102: Definitions. Loaded magazine
That was it. It's done. I can make one up if you want but I already know the answer so there's no point. Thanks though.
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April 7th, 2013, 06:30 PM #8
Re: § 6102: Definitions. Loaded magazine
The OP never specified if he was licensed.
There may be other sections of Chapter 61 where the loaded/unloaded condition may be the difference between a violation or not. Two that come immediately to mind is for unlicensed individuals where the firearm MUST BE UNLOADED:
1. to/from range (18 Pa CS 6106(b)(4));
2. to/from place of sale, purchase, repair, etc (18 Pa CS 6106(b)(8)).IANAL
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April 8th, 2013, 01:27 AM #9Grand Member
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Re: § 6102: Definitions. Loaded magazine
What constitutes a secure wrapper for transport is another question. Does a snap over, fully enclosed holster count as part of that equation? Does it have to be lockable? What is a secure wrapper in other words? Does the transport law assume not on or about your person (e.g. transport that is non-carry)?
IANAL but would assume that it must be separated from your person to differentiate it from carry of a firearm. Plus you are limited to where you are going to/from in addition to the secure wrapper requirement.It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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