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Thread: What exactly is a loaded gun?
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May 22nd, 2009, 03:28 PM #1
What exactly is a loaded gun?
B"H
Hi guys I was reading some forum about someone from Michigan, i think, appealing a firearm charge in pa and later I got confused about an issue.
According to PA law what exactly is a "loaded" gun ? Does there need to be a bullet in the barrel to consider it "loaded" or just having a magazine in the magazine well considered loaded? if having a magazine in the magazine well considered "loaded" then what do you call it when you have a bullet in the barrel? is there a legal term for a bullet in a barrel then?
Thank you for your replies.
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May 22nd, 2009, 03:33 PM #2Banned
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Re: What exactly is a loaded gun?
a loaded gun is if it has bullets inside of the gun , it dont matter if there is one in the pipe or not as long as ther eis bullets inside of the gun itself is considered a loaded weapon, one in the pipe is same as one not in the pipe and a gun magazine loaded with bullets.
for example: gun+1 in the pipe=loaded
gun+0 in the pipe or in the gun=unloaded
gun+0 in the pipe and has bullets in the magazine in the gun=loaded
gun+0 in the pipe and has no magazine in it or no bullets in the magazine =unloadedLast edited by TXDMERC73; May 22nd, 2009 at 03:36 PM.
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May 22nd, 2009, 03:58 PM #3Grand Member
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Re: What exactly is a loaded gun?
from: http://www.acslpa.org/pa_uniform_firearms_act.htm
Title 18: §61O2. Definitions.
...
“Loaded.” A firearm is loaded if the firing chamber, the non-detachable 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.Does there need to be a bullet in the barrel to consider it "loaded" or just having a magazine in the magazine well considered loaded?
if having a magazine in the magazine well considered "loaded" then what do you call it when you have a bullet in the barrel? is there a legal term for a bullet in a barrel then?F*S=k
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May 23rd, 2009, 03:52 PM #4
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May 23rd, 2009, 03:53 PM #5Grand Member
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Re: What exactly is a loaded gun?
Beware that some sections of the law require that a gun be unloaded and be in a separate container apart from any ammunition.
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May 24th, 2009, 12:27 AM #6
Re: What exactly is a loaded gun?
And wish we used the Utah definition; the gun is only 'loaded' if you can fire it in a single motion.
"...a REPUBLIC, if you can keep it."
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May 24th, 2009, 12:34 AM #7
Re: What exactly is a loaded gun?
wow, that is a horrible definition for "loaded" under pa law. at least in the case of a mag fed pistol
Last edited by cigarmanpa; May 24th, 2009 at 12:38 AM.
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May 24th, 2009, 12:35 AM #8
Re: What exactly is a loaded gun?
LRT posted the correct answer. For purposes within Pa.
18Pa.C.S.6102 contains the definition of "loaded"“Loaded.” A firearm is loaded if the firing chamber, the non-detachable 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._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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May 24th, 2009, 01:19 AM #9
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