What constitutes a loaded gun?

Wyatt Earp · June 3, 2008, 08:48 AM

I live in Arkansas and the law is, during duck season, that a gun must be unloaded and in a case while the boat motor is running. I was wondering does that mean no shells in the barrel or no guns in the gun, magazine or barrel?

I asked a game and fish officer where we hunt, a state boy, and he said to keep two in the mag. is fine. My only concern is when the federal guys come, could they or would they feel differently?

Kreyzhorse · June 3, 2008, 08:55 AM

If in doubt, unload it completely. It doesn't take that much longer to unload and reload once anchored.

mikejonestkd · June 3, 2008, 09:07 AM

In NY it must be unloaded in both the chamber and magazine to be considered unloaded in the eyes of the conservation officers.

YMMV

Art Eatman · June 3, 2008, 01:26 PM

When you're dealing with any sort of bureaucratic rules, just take it for granted that "plumb empty" is the safest for you.

There is certainly no doubt that "the gun is empty" if unloaded in both the chamber and magazine.

davlandrum · June 3, 2008, 01:29 PM

Oregon regs specifically state none in the mag or tube.

tyrajam · June 3, 2008, 01:59 PM

Varies state by state, usually the regs are detailed. In IN, the regs say before or after legal hunting hours, a rifle must be unloaded, a muzzleloader must have the percusion cap removed or the pan unprimed if a flintlock, and a bow must not have an arrow nocked. I always assumed an unloaded gun means an unloaded gun, nothing in the gun whether its the chamber or the magazine. Some CO's can be real sticklers, I got a ticket for not having signed my Federal Duck stamp once, it was over $100

I say better safe than sorry now.

rem870hunter · June 3, 2008, 08:51 PM

the regs in NJ are pretty similar to that of IN. as far as it has to be unloaded and CASED while in a moving ( motor on) boat. i think they are really getting picky there. but the regs are the regs. if you don't follow the rules and get caught you get a ticket and or gun taken away. unload the chamber(s) thats fine. safety first. but cased too wow.

when transporting firearms and bows in motor vehicles in NJ it must be unloaded/unnocked and cased. but in a boat. it can be loaded. but the boat motor must be off. or if its a sailboat the sails furled. and motion ceased before shooting. they don't want drive by style duck hunting. before casing my shotgun to leave home or hunting/target range area i check, double check to make sure its unloaded. unloaded means. no ammo at ALL in the shotgun. chamber or magazine. as far as the muzzleloader i have yet to hear of a case where someone removed the cap from the nipple or dumped the priming powder from the pan and the muzzleloader still fired. each state if different

Sidetracked · June 4, 2008, 07:10 AM

As stated - It depends on the state, area, and particular piece of land/water you are on.

In your case, there should be a definition in the hunting proclamation, for 'Unloaded Weapon'.

Rich Miranda · June 4, 2008, 09:37 AM

Looking at it from a slightly different perspective, what does 'unloaded' mean when it comes to basic firearm use?

No shells in chamber, none in magazine.

Why have a different definition for unloaded while hunting?

milemission · June 4, 2008, 10:01 AM

If they want it in a case (which is probably more to collect money than anything else, and also to be sure that the gun is inaccessable while the boat is moving), I would assume that unloaded means completely and totally unloaded, with nothing in the magazine either.

MeekAndMild · June 4, 2008, 07:42 PM

Just my 2 cents worth (I'm not Barney Fife nor do I play him on TV) I'd say unloaded means none in the gun, none attached to the gun (i.e. none on one of those fancy little buttstock ammo holders) and none in the case. To be safe it probably also means the case is locked and the shells are locked up in a separate case just like when you drive through antigun states.

sureshots · June 5, 2008, 10:17 AM

Just A quick" rule of thumb" that you could usually go by. If its got A shell somewhere in it its probably considered loaded.

UniversalFrost · June 7, 2008, 08:47 PM

unloaded is no ammo in the gun.

loaded is ammo in the gun.

I do unload my guns when transporting to the blind, but always have a few shells in the sling or the buttstock shell holder.

Csspecs · June 7, 2008, 09:32 PM

You may have already said it but... What kind of magazine are you talking about? If your talking about a tube magazine under the barrel, than yes it would have to be unloaded for the gun to be empty.

In the case of a detachable magazine, it should be out of the gun and out of the case that the gun is stored in, or empty in the gun.

P.S In some places it is said "unloaded or in a case", thats why one of my gun socks has a hole in the end.

Loaded4yote · June 9, 2008, 04:39 PM

In Arkansas an unloaded gun = no rounds in the chamber or magazine. Your ammunition must be seperate from the firearm when transporting to/from the woods or target range.

Or for muzzleloaders, No powder ball in the firearm. Few years back you could load your muzzleloader at the house and it wasn't considered loaded until you put a primer or cap in.

Yup we need more rules. There aren't enough of them to confuse us completely yet...

guntotin_fool · June 9, 2008, 08:41 PM

The original poster asked about Arkansas and Federal law. Yet we get people talking about NJ and Indiana and other States as if that applies.

I don't know about Arkansas, but State law would trump Fed law on the handling of guns on everything except Federal land. I believe your best option is down loading the Fish and Game rules for your OWN state and obeying them.

This can be found in about 4 seconds with Google,

http://www.agfc.com/rules-regulations/default.aspx

If you find that the game warden or ranger gave you false information, I would suggest you obey the written rules not the spoken rules, and keep a copy of YOUR state regs in your pocket or gear bag so you have a way of knowing the answer to these questions before you loose your shotgun, car and duck boat for having a Violation.

Everyone knows the 4 rules of gun handling, and the next rule is keep a copy of the regulations with you when you hunt.

June 3, 2008, 08:48 AM	#1
Wyatt Earp Member Join Date: March 31, 2005 Posts: 80	What constitutes a loaded gun? I live in Arkansas and the law is, during duck season, that a gun must be unloaded and in a case while the boat motor is running. I was wondering does that mean no shells in the barrel or no guns in the gun, magazine or barrel? I asked a game and fish officer where we hunt, a state boy, and he said to keep two in the mag. is fine. My only concern is when the federal guys come, could they or would they feel differently?

June 3, 2008, 08:55 AM	#2
Kreyzhorse Senior Member Join Date: April 12, 2006 Location: NKY Posts: 12,463	If in doubt, unload it completely. It doesn't take that much longer to unload and reload once anchored. __________________ "He who laughs last, laughs dead." Homer Simpson

June 3, 2008, 09:07 AM	#3
mikejonestkd Senior Member Join Date: January 3, 2006 Location: Brockport, NY Posts: 3,716	In NY it must be unloaded in both the chamber and magazine to be considered unloaded in the eyes of the conservation officers. YMMV __________________ You are the bows from which your children as living arrows are sent forth.

June 3, 2008, 01:29 PM	#5
davlandrum Senior Member Join Date: February 27, 2006 Location: Lane County Oregon Posts: 2,547	Oregon regs specifically state none in the mag or tube. __________________ U.S Army, Retired Ethics is knowing the difference between what you have a right to do and what is right to do. -Potter Stewart

June 3, 2008, 08:51 PM	#7
rem870hunter Senior Member Join Date: October 12, 2007 Location: N.J. and trying to decide what state to move to. Posts: 973	the regs in NJ are pretty similar to that of IN. as far as it has to be unloaded and CASED while in a moving ( motor on) boat. i think they are really getting picky there. but the regs are the regs. if you don't follow the rules and get caught you get a ticket and or gun taken away. unload the chamber(s) thats fine. safety first. but cased too wow. when transporting firearms and bows in motor vehicles in NJ it must be unloaded/unnocked and cased. but in a boat. it can be loaded. but the boat motor must be off. or if its a sailboat the sails furled. and motion ceased before shooting. they don't want drive by style duck hunting. before casing my shotgun to leave home or hunting/target range area i check, double check to make sure its unloaded. unloaded means. no ammo at ALL in the shotgun. chamber or magazine. as far as the muzzleloader i have yet to hear of a case where someone removed the cap from the nipple or dumped the priming powder from the pan and the muzzleloader still fired. each state if different __________________ BEAR Bows,Remington shotguns,Marlin rifles

June 3, 2008, 01:26 PM	#4
Art Eatman Staff in Memoriam Join Date: November 13, 1998 Location: Terlingua, TX; Thomasville, GA Posts: 24,798	When you're dealing with any sort of bureaucratic rules, just take it for granted that "plumb empty" is the safest for you. There is certainly no doubt that "the gun is empty" if unloaded in both the chamber and magazine.

June 3, 2008, 01:59 PM	#6
tyrajam Senior Member Join Date: July 24, 2007 Location: Indianapolis, IN Posts: 467	Varies state by state, usually the regs are detailed. In IN, the regs say before or after legal hunting hours, a rifle must be unloaded, a muzzleloader must have the percusion cap removed or the pan unprimed if a flintlock, and a bow must not have an arrow nocked. I always assumed an unloaded gun means an unloaded gun, nothing in the gun whether its the chamber or the magazine. Some CO's can be real sticklers, I got a ticket for not having signed my Federal Duck stamp once, it was over $100 I say better safe than sorry now.

June 4, 2008, 07:10 AM	#8
Sidetracked Senior Member Join Date: May 12, 2008 Location: Henrietta, FL Posts: 306	As stated - It depends on the state, area, and particular piece of land/water you are on. In your case, there should be a definition in the hunting proclamation, for 'Unloaded Weapon'. __________________ Feel free to disagree with my opinion. -I do it all the time.

June 4, 2008, 09:37 AM	#9
Rich Miranda Senior Member Join Date: May 4, 2008 Location: San Antonio, not San Antone... Posts: 1,203	Looking at it from a slightly different perspective, what does 'unloaded' mean when it comes to basic firearm use? No shells in chamber, none in magazine. Why have a different definition for unloaded while hunting? __________________ Read this!: I collect .38 Special and .357 Mag cartridges and I will PAY CASH for the headstamps I don't already have! Please PM me. Please donate blood, plasma, and platelets - people's lives literally depend on it.

June 4, 2008, 10:01 AM	#10
milemission Senior Member Join Date: May 16, 2008 Posts: 102	If they want it in a case (which is probably more to collect money than anything else, and also to be sure that the gun is inaccessable while the boat is moving), I would assume that unloaded means completely and totally unloaded, with nothing in the magazine either.

June 4, 2008, 07:42 PM	#11
MeekAndMild Senior Member Join Date: August 2, 2001 Posts: 4,988	Just my 2 cents worth (I'm not Barney Fife nor do I play him on TV) I'd say unloaded means none in the gun, none attached to the gun (i.e. none on one of those fancy little buttstock ammo holders) and none in the case. To be safe it probably also means the case is locked and the shells are locked up in a separate case just like when you drive through antigun states. __________________ In a few years when the dust finally clears and people start counting their change there is a pretty good chance that President Obama may become known as The Great Absquatulator. You heard it first here on TFL.

June 5, 2008, 10:17 AM	#12
sureshots Senior Member Join Date: March 17, 2008 Location: Piedmont,NC Posts: 464	Rule of Thumb Just A quick" rule of thumb" that you could usually go by. If its got A shell somewhere in it its probably considered loaded.

June 7, 2008, 08:47 PM	#13
UniversalFrost Senior Member Join Date: February 20, 2006 Location: Ohio Posts: 2,300	unloaded is no ammo in the gun. loaded is ammo in the gun. I do unload my guns when transporting to the blind, but always have a few shells in the sling or the buttstock shell holder. __________________ Lifetime member VFW and NRA "Quando Omni Flunkus Moritati" (when all else fails play dead) -Red Green

June 7, 2008, 09:32 PM	#14
Csspecs Senior Member Join Date: December 21, 2005 Posts: 1,111	You may have already said it but... What kind of magazine are you talking about? If your talking about a tube magazine under the barrel, than yes it would have to be unloaded for the gun to be empty. In the case of a detachable magazine, it should be out of the gun and out of the case that the gun is stored in, or empty in the gun. P.S In some places it is said "unloaded or in a case", thats why one of my gun socks has a hole in the end.

June 9, 2008, 04:39 PM	#15
Loaded4yote Member Join Date: March 15, 2008 Location: Arkansas Posts: 70	In Arkansas an unloaded gun = no rounds in the chamber or magazine. Your ammunition must be seperate from the firearm when transporting to/from the woods or target range. Or for muzzleloaders, No powder ball in the firearm. Few years back you could load your muzzleloader at the house and it wasn't considered loaded until you put a primer or cap in. Yup we need more rules. There aren't enough of them to confuse us completely yet...

June 9, 2008, 08:41 PM	#16
guntotin_fool Senior Member Join Date: November 18, 2004 Posts: 1,446	The original poster asked about Arkansas and Federal law. Yet we get people talking about NJ and Indiana and other States as if that applies. I don't know about Arkansas, but State law would trump Fed law on the handling of guns on everything except Federal land. I believe your best option is down loading the Fish and Game rules for your OWN state and obeying them. This can be found in about 4 seconds with Google, http://www.agfc.com/rules-regulations/default.aspx If you find that the game warden or ranger gave you false information, I would suggest you obey the written rules not the spoken rules, and keep a copy of YOUR state regs in your pocket or gear bag so you have a way of knowing the answer to these questions before you loose your shotgun, car and duck boat for having a Violation. Everyone knows the 4 rules of gun handling, and the next rule is keep a copy of the regulations with you when you hunt.