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I have been reading the Texas penal code and cannot find where it defines "loaded gun." Does anyone know where, in Texas Law, loaded gun is defined?

In what context?? (what part of TX PC uses the term?)

46.01
"Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

Texas law does not make any distinction between loaded and unloaded. Never has.

Perhaps the Texas Legislature is familiar with rule #1.

Just to help a little maybe
Look at PC 46:13
" #2 Readily dischargeable firearm means a firearm that is loaded with ammunition, whether or not a round is in the chamber "

Speaking of that, have you ever noticed how the BGs and GGs in movies always have to rack their slides before the big gun battle? That always makes me chuckle.

baldeagle wrote:Speaking of that, have you ever noticed how the BGs and GGs in movies always have to rack their slides before the big gun battle? That always makes me chuckle.

Better yet when they keep racking it... LOL

We had an armed robbery at night of a bar..Dude kept racking the shotgun. Customers realized he racked it so much he had unloaded it so they proceeded to take it from him and use "reasonable" force in taking him down

o b juan wrote:Just to help a little maybe
Look at PC 46:13
" #2 Readily dischargeable firearm means a firearm that is loaded with ammunition, whether or not a round is in the chamber "

So I carry a "readily dischargable firearm", not a loaded gun.

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.

"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.

MeMelYup wrote:

o b juan wrote:Just to help a little maybe
Look at PC 46:13
" #2 Readily dischargeable firearm means a firearm that is loaded with ammunition, whether or not a round is in the chamber "

So I carry a "readily dischargable firearm", not a loaded gun.

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.

Does the term "loaded gun" appear somewhere in Texas law? If it isn't an essential element in an offense, there is no reason for it to be defined.

I also noticed a long time ago, in the Westerns, they always work the lever action before the stuff hits the fan. It always made me laugh. I wondered how many others noticed that sort of business.

hounddog wrote:I also noticed a long time ago, in the Westerns, they always work the lever action before the stuff hits the fan. It always made me laugh. I wondered how many others noticed that sort of business.

Yes, don't you just hate it when the movies actually get it right?

MasterOfNone wrote:Does the term "loaded gun" appear somewhere in Texas law? If it isn't an essential element in an offense, there is no reason for it to be defined.

I tried to ask that same question in the first reply, above..... Still no on-point response from the OP.

OP... Show us where in TX PC you find the words "loaded gun" and maybe you'll get a clearer on-target response.

bdickens wrote:Texas law does not make any distinction between loaded and unloaded. Never has.

One place I can think of is TPC 46.13.

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.

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;

To my knowledge the term "loaded gun" is nowhere in the PC. The term "readily dischargeable firearm" appears in: TEX PE. CODE ANN. § 46.13 : Texas Statutes - Section 46.13: MAKING A FIREARM ACCESSIBLE TO A CHILD - See more at: http://codes.lp.findlaw.com/txstatutes/ ... CSROL.dpuf" onclick="window.open(this.href);return false;.

Readily dischargeable is defined as: " 'Readily dischargeable firearm' means a firearm that is loaded with ammunition, whether or not a round is in the chamber." - See more at: http://codes.lp.findlaw.com/txstatutes/ ... CSROL.dpuf" onclick="window.open(this.href);return false;

Is the water well muddied now?