When is a gun loaded

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catfish86
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When is a gun loaded

Post by catfish86 »

I know there was a recent change in Ohio law with respect to when a gun is considered loaded. I have a carrying case for a pistol with slots for two magazines. Is it loaded if the gun is locked in the case with two magazines filled with rounds but not in the gun?
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Re: When is a gun loaded

Post by Hatrix »

If I recall correctly. A loaded magazine counts as a loaded weapon for some weird reason. Unless you have your CHL... then you're in the clear.

I could be wrong though, but I'm almost positive that is what I recently read and how I understood it.

The only change that I'm aware of is that CHL holders are now permitted to have loaded Rifle magazines in their vehicles and not get popped for them. Hopefully someone more in the know will weigh in or post links to the specific O.R.C's
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Tourist
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Re: When is a gun loaded

Post by Tourist »

The law was changed so a loaded magazine not in the gun means the gun is not loaded. If you have a CHL you can carry the handgun and the magazine together in the car (of course you can even carry your handgun loaded :wink: ). Rifles must be transported just like before, but a loaded magazine does not mean they are loaded.

Without a CHL follow the transport laws as before, but a loaded magazine can be treated like any other box of ammunition.
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Re: When is a gun loaded

Post by BobK »

Hatrix wrote:If I recall correctly. ...
If you aren't sure of the correct legal answer, it is better not to guess and spread inaccurate information.
catfish86 wrote:I have a carrying case for a pistol with slots for two magazines. Is it loaded if the gun is locked in the case with two magazines filled with rounds but not in the gun?
I assume you are discussing loaded in the context of carrying in a vehicle, correct? If so, read (a)(ii), below. Magazines inside the same case, even though there are slots, do not meet the strict definition given. Reading (b)(1) should clarify. If the case had a separate compartment, you would be alright, or if you put the case in the trunk you would be alright.

For that matter, if you had a magazine pouch on your belt that had a flap with a snap, you could hold the magazines there and be compliant with (b)(ii).
R.C. 2923.16 (5)(a) "Unloaded" means with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question , and one of the following applies:

(i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question.

(ii) Any magazine or speed loader that contains ammunition and that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete and separate enclosure.

(b) For the purposes of division (K)(5)(a)(ii) of this section, a "container that provides complete and separate enclosure" includes, but is not limited to, any of the following:

(i) A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader and the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm and that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader;

(ii) A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook and loop closing mechanism, or other fastener that must be opened to access the contents.

(c) For the purposes of divisions (K)(5)(a) and (b) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.
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Re: When is a gun loaded

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Sorry... I'll stop posting here...
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Re: When is a gun loaded

Post by BobK »

Hatrix wrote:Sorry... I'll stop posting here...
I am not saying don't post in general. I am simply observing that it helps to be sure of the correct answer on legal questions.
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Re: When is a gun loaded

Post by TunnelRat »

BobK wrote:
Hatrix wrote:Sorry... I'll stop posting here...
I am not saying don't post in general. I am simply observing that it helps to be sure of the correct answer on legal questions.
Because legislative law is often (usually?) technical, peculiar, and unrelated to reality, it helps to actually have the law printed out before you as you comment. Even then it is not always clear... :|
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Re: When is a gun loaded

Post by djthomas »

TunnelRat wrote:Because legislative law is often (usually?) technical, peculiar, and unrelated to reality, it helps to actually have the law printed out before you as you comment. Even then it is not always clear... :|
Not to mention that even if you've got the text of the law before you it's possible that there is court precedent or another statute that must also be considered.
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Re: When is a gun loaded

Post by Morne »

Hatrix wrote:Sorry... I'll stop posting here...
The law is an @&$, not you. Carry on, Sir.
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Re: When is a gun loaded

Post by Chuck »

Morne wrote:
Hatrix wrote:Sorry... I'll stop posting here...
The law is an @&$, not you. Carry on, Sir.
I agree with Morne, Carry on

Regarding the law, I am an instructor, and I rarely answer question about the law on here, although IRL I answer questions about it all the time.
You simply can't beat the accuracy that this place holds as standard, and few have my good friend BobK's eloquence and conciseness when it comes to making them understandable.
Even when I know the answer, I often have trouble making my thoughts understandable, especially with text.

I often bookmark posts of his like the one above to use for reference when someone asks a similar question to me.

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Re: When is a gun loaded

Post by rickt »

If the OP has a CHL, then I think his carrying case is OK because of this section:
(L) Divisions (K)(5)(a) and (b) of this section do not affect the authority of a person who is carrying a valid concealed handgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who is carrying a valid concealed handgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
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Re: When is a gun loaded

Post by pirateguy191 »

rickt wrote:If the OP has a CHL, then I think his carrying case is OK because of this section:
(L) Divisions (K)(5)(a) and (b) of this section do not affect the authority of a person who is carrying a valid concealed handgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. A person who is carrying a valid concealed handgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter.
Pretty sure the OP doesn't have a CHL.
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Re: When is a gun loaded

Post by BobK »

rickt wrote:If the OP has a CHL, then I think his carrying case is OK because of this ...
He does not have a CHL, it was suspended. That is why the discussion has focused on unlicensed transport in vehicles.
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