Loaded gun

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MeMelYup
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Re: Loaded gun

Post by MeMelYup »

EEllis wrote:
Topbuilder wrote:"I know some states if you have your pistol and loaded magazine in the console without the magazine inserted it is considered loaded. Could not find where Texas defines this."

In the Texas dictionary I think that would be considered a paper weight. :lol:
I read about a case like this where charges were pressed for having a loaded firearm. Judge tossed it.
http://statelymcdanielmanor.wordpress.c ... oaded-gun/" onclick="window.open(this.href);return false;
This article expresses what I am asking about. I looked at some laws in Texas and could not find a definition for loaded gun. Evidently Texas law does not define the term "loaded gun" as some other states do. The closest they get is "readily dischargable firearm."
EEllis
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Re: Loaded gun

Post by EEllis »

MeMelYup wrote:
EEllis wrote:
Topbuilder wrote:"I know some states if you have your pistol and loaded magazine in the console without the magazine inserted it is considered loaded. Could not find where Texas defines this."

In the Texas dictionary I think that would be considered a paper weight. :lol:
I read about a case like this where charges were pressed for having a loaded firearm. Judge tossed it.
http://statelymcdanielmanor.wordpress.c ... oaded-gun/" onclick="window.open(this.href);return false;
This article expresses what I am asking about. I looked at some laws in Texas and could not find a definition for loaded gun. Evidently Texas law does not define the term "loaded gun" as some other states do. The closest they get is "readily dischargable firearm."
Yep and readily dischargeable is only in reference to one offence. In all other cases it makes no difference if a gun is loaded or not.
Tic Tac
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Re: Loaded gun

Post by Tic Tac »

The only place I found where it legally matters if it's loaded is if you leave it laying around where children have access.

I keep hearing people say a loaded hunting rifle is illegal in a vehicle on public roads, but nobody yet was able to back that up with somthing better than "my cousin's neighbor's brother" stories. No doubt hunting from a public road violates game laws, but possession of a loaded rifle is not the same as hunting.
EEllis
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Re: Loaded gun

Post by EEllis »

Tic Tac wrote:The only place I found where it legally matters if it's loaded is if you leave it laying around where children have access.

I keep hearing people say a loaded hunting rifle is illegal in a vehicle on public roads, but nobody yet was able to back that up with somthing better than "my cousin's neighbor's brother" stories. No doubt hunting from a public road violates game laws, but possession of a loaded rifle is not the same as hunting.
There is no law saying you can't have a loaded hunting rifle in a vehicle but if you do it may be taken as evidence if you get charged with hunting from a public road. Now there is a law that says you can't have a loaded firearm in a vehicle if you are federal public hunting lands but as for the State, you are good.
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MasterOfNone
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Re: Loaded gun

Post by MasterOfNone »

MeMelYup wrote:
EEllis wrote:
Topbuilder wrote:"I know some states if you have your pistol and loaded magazine in the console without the magazine inserted it is considered loaded. Could not find where Texas defines this."

In the Texas dictionary I think that would be considered a paper weight. :lol:
I read about a case like this where charges were pressed for having a loaded firearm. Judge tossed it.
http://statelymcdanielmanor.wordpress.c ... oaded-gun/" onclick="window.open(this.href);return false;
This article expresses what I am asking about. I looked at some laws in Texas and could not find a definition for loaded gun. Evidently Texas law does not define the term "loaded gun" as some other states do. The closest they get is "readily dischargable firearm."
I I think one thing you're not considering is context. In the article, it is a NH law that creates an offense based on the term "loaded." That same law defines "loaded." If a Texas law based an offense on the presence of a "loaded" gun, I would expect to the term defined. In the absence of such an offense, there is no need for Texas to define the term.
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