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Over the last few weeks, I have seen 3 different scenarios that makes me ask this question:
When is it legal to pull an empty weapon, insert a magazine and chamber a round? (or pull a loaded weapon, drop the mag and clear the chamber)

The 3 scenarios that I read were:
Flying with weapon (checked bag of course) - into and out of IAH
1 - out of IAH - you arrive at the terminal and declare you are traveling with a weapon - you unholster, drop the mag, clear the chamber and put the weapon / mag / ammo in your bag to be checked

2 - into IAH - you arrive, get your bag from the carousel - pull your gun out, insert the loaded mag and cover it up.

3 - leaving the gun show - and as you walk out the door, you cut the zip tie, insert your loaded mag (bought mag and ammo at gun show)

When I read all 3 scenarios - they were written as if they happened, not that they were "what ifs", so some people actually did this, but I also thought on all 3 times, that immediately, you are open carrying a weapon, even if only for a few seconds.

To me, if you are not in private (in your car maybe, certainly in your house or on your property) then you are chancing getting arrested, cited, etc, for open carry or whatever charge it would be.

Am I wrong, is this legal?
When is it legal (if at all)?

Thanks

IANAL, but a loaded gun and unloaded gun are treated the same. So, IMO exposing it while loading, already loaded or unloading are all the same.

In the situations that you describe, I go into the restroom [into a stall] and unload/load prior to going out in public.

I could be wrong but the only times id consider legal that you may take out a weapon in view of the public is when you find it necessary to defend your life or you are ordered to disarm by a LEO.

The old saying goes...concealed means concealed.

If you know your going to have to check your gun in your luggage it should go in there when you pack or it should be done discreetly in the car. Dont go whipping it out at the luggage check station.

In the reverse, wait untill your in a more private setting such as a restroom or inside your personal method of conveyance (i.e. your car.)

The third just sounds like a far fetched "what if" scenerio. I know that long guns are open carried to and from gun shows all the time. Most pistols ive seen leaving the show are cased in some way. Im not sure about loading the weapon outside and all that. Personally I would wait till I was in a more private place but thats kind of a grey area. You could certainly load your magazine without unholstering easily enough. Not so much for racking the slide.

WildBill wrote:IANAL, but a loaded gun and unloaded gun are treated the same. So, IMO exposing it while loading, already loaded or unloading are all the same.

In the situations that you describe, I go into the restroom [into a stall] and unload/load prior to going out in public.

Ding Ding! Every airport I have been to has a restroom fairly close to the check-in and baggage pickup areas. I put my bag to be checked (or that I just "unchecked") across the toilet. Makes a handy platform, and I don't drop anything I want back into the pot.

Great question Teamless.

For those who answered the airport scenario by using the restroom -how do you avoid public panic with the racking sound? It's pretty distinictive. Pehaps a well timed *cough*? Or maybe using the fart app on your smartphone?

But seriously - how?

At the gun show, it's legally no different than people openly carrying zip-tied unloaded handguns. Loaded/unloaded makes no difference for adults (except maybe in hunting regulations.)

terryg wrote:Great question Teamless.

For those who answered the airport scenario by using the restroom -how do you avoid public panic with the racking sound? It's pretty distinictive. Pehaps a well timed *cough*? Or maybe using the fart app on your smartphone?

But seriously - how?

I've only flown with my gun once, but when I reloaded in the rest room I eased the slide forward so it didn't make a lot of noise. Obviously this isn't the ideal way to load, so I cleared and reloaded like normal at the first opportunity. If you're lucky the restroom has blowers and the din from those should cover up the noise.

terryg wrote:Great question Teamless.

For those who answered the airport scenario by using the restroom -how do you avoid public panic with the racking sound? It's pretty distinictive. Pehaps a well timed *cough*? Or maybe using the fart app on your smartphone?

But seriously - how?

I've not found it a big problem. Either there have been loads of people in there and it was noisy, or noone. But you can always flush, most airport toilets sound like a jet taking off...

terryg wrote:Great question Teamless.

For those who answered the airport scenario by using the restroom -how do you avoid public panic with the racking sound? It's pretty distinictive. Pehaps a well timed *cough*? Or maybe using the fart app on your smartphone?

But seriously - how?

It's never been an issue, you don't have to yank the slide back as hard and fast as you can or let it slam forward.... I guess part of my training.. in any case.. My procedure is to walk in the front door armed, use a stall in the restroom, open my bag, and locked case, remove weapon from holster, unload, secure in case, place gun belt and holster in bag along with locked case. Go to ticket counter.. Dozens of times no in many states, no issues ...ever.

I don't think there's any time in public where displaying your weapon is legal. Even if it's practically legal (no one will mind), it's probably still not a good habit. Just my idea...

Insofar as the airport restroom question is concerned, mayhaps this is why Sam Colt invented the revolver. 'course air travel security back in 1836 was much more lax than it is now.....

terryg wrote:Great question Teamless.

For those who answered the airport scenario by using the restroom -how do you avoid public panic with the racking sound? It's pretty distinictive. Pehaps a well timed *cough*? Or maybe using the fart app on your smartphone?

But seriously - how?

A cough works fine for recocking the hammer and setting the safety on a single action gun after taking care of business in the stall.

Racking the slide is quite a bit noisier. My preference is to simply insert the loaded magazine and carry chamber empty until I get to a place where I can put one up the spout without creating a scene.

Yes, I know it's a bit slower to put into action that way, but I'm confident that I can drop a suitcase handle and rack a slide in time to protect myself in the unlikely event that should become necessary.

Teamless wrote:3 - leaving the gun show - and as you walk out the door, you cut the zip tie, insert your loaded mag (bought mag and ammo at gun show)

Since I'm the one that posted this one, I'll clarify. I left the show hall then walked to the next little cut in where the bikes are all parked. I turned to the wall in the corner, (son watching my back) and did all that within the cover of my jacket. So as far as I was concerned, I was not unconcealing my weapon.

Phrogg, I didn't want to point you out, but thanks for offering that bit more of insight for how you did it.
I imagined that you walked out the door, pulled your gun, racked your slide and reholstered, plain view of God and everyone.

It has been a few years since I flew with a gun, but I think you are asking for trouble if you walk up to the counter and pull your gun from a holster. They will already require you to step to the side/ an out of view area to do a weapon check. At that point they expect your weapon to be boxed and unloaded. If you plan on doing it in front of them you're not going to make many friends.

You don't have to rack like in the movies. You can do it slowly and discretely.