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bfriz07
11-13-2007, 4:49 PM
I am going to be purchasing a lever action rifle. What are the rules in regards to carrying it loaded? What constitutes loaded? Also, what are the rules in regards to carrying a pump action shotgun? What is loaded? And also a bolt action rifle? What constitutes loaded? Thanks a lot. Sorry if this is a question that has already been answered.:D

Satex
11-13-2007, 4:56 PM
Unloaded: no ammo in the chamber, no ammo in the rifle if it has a built in magazine.
If it takes a detachable magazine, the magazine can be loaded with ammo, as long as it is not attached in any way to the rifle. So the loaded magazine cannot be attached to the stock, or rifle belt, or any other rambo like attachment form.

Shotgun Man
11-13-2007, 5:15 PM
Unloaded: no ammo in the chamber, no ammo in the rifle if it has a built in magazine.
If it takes a detachable magazine, the magazine can be loaded with ammo, as long as it is not attached in any way to the rifle. So the loaded magazine cannot be attached to the stock, or rifle belt, or any other rambo like attachment form.

There is one case that says you don't violate P.C. 1203(g) when you have shotgun shells attached to your buttstock.

It's People v. Clark, 45 Cal. App. 4th 1147 1996 (California Official Reports):

"The court held that the trial court committed reversible error in instructing that "[a] shotgun is deemed to be 'loaded' when there is an unexpended shell . . . in, or attached in any manner to, the shotgun," a definition derived from Pen. Code, 12031, subd. (g). Under the commonly understood meaning of the term "loaded," a firearm is "loaded" when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not "loaded" if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet "loaded" as the term is commonly understood. Even if Pen. Code, 12031, subd. (g), was applicable, the Legislature's use of the phrase "attached in any manner" to the firearm was intended to encompass a situation where a shell or cartridge might be attached to a firearm or "loaded" for firing by some unconventional method. And, to the extent an ambiguity existed, the construction more favorable to defendant should be adopted."

Seems to be the law of the land. But still what cop or DA would know that? So I wouldn't purposely attach shells to my shotgun butt stock and travel in a car like that. But it's out there. Maybe we should all be doing it. A right not exercised is a right soon lost, etc.

I'm not a lawyer and don't rely on anything I say as legal advice.

aplinker
11-13-2007, 5:29 PM
How do you figure? That seems to fly in the face of People v Clark, too. It says the definition of loaded is the common sense one. In no way is a loaded magazine in the stock a loaded rifle. How can it be fired without LOADING the rifle?


If it takes a detachable magazine, the magazine can be loaded with ammo, as long as it is not attached in any way to the rifle. So the loaded magazine cannot be attached to the stock, or rifle belt, or any other rambo like attachment form.

This is Ver 3.0 of this thread. It's here, the General guns discussion and the Rifleman's forum. Can we get a merge?

:dupe:

GTKrockeTT
11-13-2007, 6:59 PM
we don't need 3 threads on this.