View Single Post
Old 02-09-2010, 10:39 PM
jdicesare jdicesare is offline
Junior Member
Join Date: May 2009
Location: CA
Posts: 21
iTrader: 0 / 0%
Default "unconventional method"

The court therefore appears to be suggesting that there could be an "unconventional method" of loading a gun. I would suggest that this makes sense when a firearm that commonly requires a magazine; yet being loaded with a single round via an open chamber (without a magazine inserted in the receiver). This goes to clarify that a "loaded" firearm will include a round chambered or not as long as it is "ready to be fired" i.e. loaded magazine "inserted in the receiver" (or better said, "where a round is ready to be chambered"), and or a single round "in the chamber".

More simply put, loaded is in reference to a "bullet", not magazine. An empty chamber with a magazine inserted without any bullets is not loaded. It's only when the magazine has a bullet that it is considered "attached", and only then when it is inserted into the receiver.

This also supports why the court deemed anything other than the above as NOT loaded. So the "attached" appears to be in reference to "a magazine inserted into the receiver". See below...

"loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm"

Last edited by jdicesare; 02-09-2010 at 11:41 PM..
Reply With Quote