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What is the legal definition of a loaded firearm? |
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Written by Administrator
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Monday, 29 November 1999 16:00 |
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There are three separate and potentially conflicting definitions of a "loaded" firearm which are applicable depending upon the circumstances. 1) Under Penal Code Section 12031 (g) a firearm is considered loaded when there is a live round of ammunition "...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...". For example, a semi-automatic gun with an empty firing chamber and a loaded magazine inserted in the magazine well is considered loaded. Further, under the "attached in any manner to" language, using certain accessories which attach to the firearm and are designed to store additional ammunition may cause the firearm to be considered loaded. A charged muzzle-loader is not loaded if it is not capped or primed. This definition applies while on any public street or in any public place in an incorporated city, or on any public street or in any public place where it is unlawful to discharge a firearm in unincorporated territory. If a person is in the process of committing or attempting to commit a felony, a firearm is considered loaded if ammunition is in the person's "immediate possession." |
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Last Updated on Tuesday, 28 April 2009 10:37 |
