Eugene Volokh asks, and pretty much answers, a surprisingly interesting question: “When is a gun considered loaded?”
In at least one instance, he reports (Cal. Penal Code sec. 171e), “loaded is defined to cover all cases ‘whenever both the firearm and unexpended ammunition capable of being discharged from such firearm are in the immediate possession of the same person.'” Thus, under this statute, an “unloaded” gun in one pocket and ammunition in the other is considered loaded.
According to the Department of Justice, however, “loaded” means 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.”
Eugene concludes that “this means that a gun is treated as loaded when it’s, well loaded — when there is a round actually in the gun.” Interesting. That is no doubt what the DOJ statement means, but it’s not entirely what I would have thought. Until now, I would have tended to think of a gun as “loaded” if there were a round in the chamber — or in the case of a revolver, one or more rounds in the cylinder. That is, if it could be fired by pulling the trigger (maybe more than once, in the case of the revolver with only a few rounds “loaded,” and maybe after taking the safety off).(Query: But what about a double-barrel shotgun with rounds in the chambers but the gun broken open?) Although I can certainly see the argument, I don’t tend to think of a semi-automatic pistol with the magazine inserted but no round in the chamber as loaded. But you can bet I will from now on.
Interestingly, the well-known but little understood phrase “lock and load,” made famous by (who else?) John Wayne in “The Sands of Iwo Jima” (1949), is relevant here. It refers to making the M-1 rifle ready to fire, and, in typical Hollywood fashion, the original Army phrase was the more accurately descriptive “load and lock.” It refers to inserting a clip of ammunition in the rifle, “loading” a round into the chamber, and “locking” the bolt forward, thus making the weapon ready to fire.
These distinctions in any event should be treated with a grain of salt. It’s my impression that many states require firearms to be transported, say on your way to the range, with the ammunition in a separate place from the weapon. Similarly, if anyone carrying a concealed weapon (with a permit, of course) with, say, a magazine of ammunition in the weapon but no round in the chamber were stopped by the police and asked if the weapon were loaded, the best answer is yes.
Finally, most manufacturers publicize safety rules, of which the following Rule No. 1 from Glock is typical:
1) Handle all firearms as if they were loaded!
Never forget that a gun has the potential to produce serious injury or death in a single instant of carelessness. Make safe gun handling a habit to be followed at all times. After you determine that a gun is unloaded, continue to handle it as though it were loaded.
