When is a gun loaded
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- catfish86
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When is a gun loaded
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?
God,
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.
Carrying a gun is a right, not a crime.
Gun control is racist.
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.
Carrying a gun is a right, not a crime.
Gun control is racist.
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Re: When is a gun loaded
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
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
- Tourist
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Re: When is a gun loaded
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 ). 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.
Without a CHL follow the transport laws as before, but a loaded magazine can be treated like any other box of ammunition.
- BobK
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Re: When is a gun loaded
If you aren't sure of the correct legal answer, it is better not to guess and spread inaccurate information.Hatrix wrote:If I recall correctly. ...
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.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?
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.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: When is a gun loaded
Sorry... I'll stop posting here...
- BobK
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Re: When is a gun loaded
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.Hatrix wrote:Sorry... I'll stop posting here...
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
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Re: When is a gun loaded
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...BobK wrote: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.Hatrix wrote:Sorry... I'll stop posting here...
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
- djthomas
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Re: When is a gun loaded
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.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...
- Morne
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Re: When is a gun loaded
The law is an @&$, not you. Carry on, Sir.Hatrix wrote:Sorry... I'll stop posting here...
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Re: When is a gun loaded
I agree with Morne, Carry onMorne wrote:The law is an @&$, not you. Carry on, Sir.Hatrix wrote:Sorry... I'll stop posting here...
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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And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
- rickt
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Re: When is a gun loaded
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.
- pirateguy191
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Re: When is a gun loaded
Pretty sure the OP doesn't have a CHL.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.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
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"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
- BobK
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Re: When is a gun loaded
He does not have a CHL, it was suspended. That is why the discussion has focused on unlicensed transport in vehicles.rickt wrote:If the OP has a CHL, then I think his carrying case is OK because of this ...
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?