What is a "loaded pistol"?

Status
Not open for further replies.

Seattleimport

Member
Joined
Mar 13, 2008
Messages
181
Location
Washington
From the linked materials on handgunlaw.us (http://handgunlaw.us/states/washington.pdf):

(2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and:
(i) The pistol is on the licensee's person,
(ii) the licensee is within the vehicle at all times that the pistol is there, or
(iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and
concealed from view from outside the vehicle.

My question is, what is a "loaded pistol"?

Is it a cocked pistol with a round in the chamber?
Is it decocked pistol with a round in the chamber?
Is it a pistol with no round in the chamber, but a full magazine?
Is it a pistol with no magazine inserted, but a full magazine is stored with the pistol?
Is it a revolver with full cylinders?
Is it a revolver with empty cylinders, but bullets stored with the revolver?


"Locked within the vehicle" is also unclear. Do they simply mean the vehicle's door locks? Or does the pistol need to be in a separate--and locked--container?
 
That all depends on the state and jurisdiction in which you reside, update your location, or state it in your post, and I'm sure that you will find the legal definition.
 
I would think that as long as the ammunition is contained within the pistol it would be considered loaded.

Conversely the pistol would be considered unloaded if it contained no ammo: for a revolver no rounds in the wheel, for a semi no round in the chamber, no rounds in the clip or clip not inserted.

Not sure about the locked part, what if it's trigger-locked? Clear as mud.
 
Without a HCP, an illegally carried firearm is one with the ammo stored together. Separate the firearm from the ammo when transporting if you do not have a HCP. (per. instructor from recent class in TN)

bikemutt has a clear definition of "loaded" and as mentioned, check your states requirements.
 
In Washington state, If you have ammo in the firearm (clip, tube, cylinder) and/or in the chamber (as in a single shot), or if a BP firearm has ball, powder AND IS CAPPED...they are loaded.

If you have an automatic pistol on the seat of the car, with an empty chamber, and the clip is next to it on the seat,...it is unloaded, and you do not need a license. It needs to be in the trunk, or in plain view, and unloaded if you do not have a permit.

In the case of a BP firearm, it can have a ball and powder installed, but it cannot be capped without a permit. The cap makes a BP firearm "loaded"

Other states may have other definitions.
 
If you go back to www.handgunlaw.us and open the state page you want info about scroll to near the bottom of the states page and you will find the state law on what they consider a loaded firearm. Some states don't have a definition on what is considered a loaded firearm. Most do. Hope this helps.
 
hermannr said:
It needs to be in the trunk, or in plain view, and unloaded if you do not have a permit.

In Washington state, without a CPL, the unloaded handgun and magazine for that handgun can be ANYWHERE in the vehicle, open or concealed, so long as the gun is not concealed on the person. And the magazine can be loaded, just not locked in the firearm. If the gun is going to be left unattended in the vehicle, it must be concealed and locked within the vehicle.

RCW 9.41.050.
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.050

Our OP is asking about Washington.
 
I stand as corrected NavyLt. I have always been under the impression, if not in the open, in the trunk...my glove box is always too full of junk I guess. The key is, not loaded and out of sight if unattended.
 
Status
Not open for further replies.