What is NJ definition of loaded?

[Barms 98]

Is loaded one in the chamber one in the mag in the weapon?

 

There was a peaceful open carry for long guns rally in Texas. All participants were instructed to put a flag/straw/pen in the chamber and all complied. Many still had loaded magazines though. The local ordinance prohibited loaded long guns on that premises. The police were there and admitted the situation was a gray matter but the day went smoothly.

 

So curios, what is the NJ definition of "loaded"?

 

(and of course I'm asking just for knowledge, I don't plan on being the poster boy for driving around with a mag in just to be a doosh. I just was interested in NJ law after reading about that rally)

[ogfarmer 138]

Loaded mag in gun, tube or loaded cylinder would classify loaded IMO

[PK90 3,573]

Nothing stated in law. common sense must prevail.

[ogfarmer 138]

Mind you everyone is gonna have their own interpretation of the non clarified law of NJ.

 

edited this to remove my stupidity

[PK90 3,573]

Mind you laws says guns and ammo must be kept separate nothing about empty mags being kept separate

 

Are you talking NJ law? Where does it say "separate"?

[ogfarmer 138]

Are you talking NJ law? Where does it say "separate"?

 

 

 

I am referring to be stored with the gun in travel. IE separate pockets, containers, what be it.

 

 

 

(and of course I'm asking just for knowledge, I don't plan on being the poster boy for driving around with a mag in just to be a doosh. I just was interested in NJ law after reading about that rally)

[Barms 98]

Okay I just realized something..  if there is no EXACT definition of what a loaded gun is..   (like exact definition of high capacity.. etc).    and instead there is just statutes about what is prohibited and what is not (i.e. travel)  then lets just stop this thread because I didn't want it to be rehash of how you travel with guns.  its been beaten to death here.

 

I was just hoping for a definition of "loaded" as it pertained to the carrying of a long gun...(in reference to the rally that occurred in Texas:  loaded magazines with flags in chamber was not considered "loaded" on a premises that had a law stipulating no loaded long guns permitted).

[lunker 274]

I am referring to be stored with the gun in travel. IE separate pockets, containers, what be it.

 

 

I can take my pistol and put it in a shopping bag, then dump every magazine I own for it in the same bag, then dump 1000 rounds in the same bag. If I travel with them in my trunk or a locked container, no laws have been broken.

[ogfarmer 138]

ok,

 

 

edited: I was mistaken about keeping ammo seperate

[Barms 98]

ughh..I should have just looked this up myself..   all I wanted to know is there a DEFINITION OF LOADED.     Not how do you transport guns, not where guns are allowed or not, not long gun vs hand gun.    Is there a printed part of the penal code that says "the definition of a loaded is:...etc etc.."  like we have with a definition of evil features for example.

 

I didn't want this to turn into another how do you transport thread..

 

PK90 says no definition of "loaded" statute..  I will go with that.

 

if anybody wants to read the article about this conundrum its here:  http://www.nytimes.com/2013/10/20/us/gun-sentiments-and-guns-on-display-at-alamo-rally.html?_r=0

 

and please lets just shut this thread down if it turns into a "these rallies are stupid" contest.    Its not about the rally.. its about what is loaded.

 

(not said in a cranky tone.. just want to control the madness..   )

[PeteF 1,044]

Nothing stated in law. common sense must prevail.

 

Oh crap!  Common Sense and NJ NOT perfect together.

[Howard 538]

Loaded is when your gun has a BAC of 0.08 or higher

[kman 56]

Yup no definition hence judges can make it up as they see fit. NY law says ammunition near gun means loaded. Which makes no sense at all but no surprise there. Moral of the story is don't push it. In some states nothing in chamber with full mag is not loaded. Don't try that here. People can debate the fine points on this forum but ultimately those duscussions are meaningless because the only authoritative opinion is the opinion of the judge hearing your case. Someone ought to request an advisory opinion from the attorney general at some point so at least we can have some clarity and something in writing to rely upon.

 

Sent from my SCH-I535 using Tapatalk

 

 

[Pizza Bob 1,488]

What's the NJ definition of loaded?

 

Over 0.08% BAL if I remember correctly.

[ReadDude 0]

My son took the NJ Hunter Education course today and the instructor (and the booklet) reminded us that you can put a powder charge and ball/bullet in a muzzle-loading rifle and transport it as "unloaded" as long as it does not have a percussion cap install. Does that help? :-)

[ryan_j 0]

NJ has no definition of loaded at all, and it's up to the judge.

 

In NY they have a definition of loaded and you only need to possess ammo for the gun for it to be loaded. 

[Michael2013 56]

Nothing stated in law. common sense must prevail.

We wish

[mipafox 438]

 

Is loaded one in the chamber one in the mag in the weapon?

 

There was a peaceful open carry for long guns rally in Texas. All participants were instructed to put a flag/straw/pen in the chamber and all complied. Many still had loaded magazines though. The local ordinance prohibited loaded long guns on that premises. The police were there and admitted the situation was a gray matter but the day went smoothly.

 

 

Shitty gun laws in Texas. When we bring rifles to rallies in PA they are loaded and there are no chamber flags. Including the steps of the statehouse in Harrisburg.

[Smokin .50 1,907]

My son took the NJ Hunter Education course today and the instructor (and the booklet) reminded us that you can put a powder charge and ball/bullet in a muzzle-loading rifle and transport it as "unloaded" as long as it does not have a percussion cap install. Does that help? :-)

 

^^^^^THIS^^^^^

 

100% CORRECT and the same goes for all three forms of muzzleloader:  Modern Inline, Tradional sidelock percussion, and flintlock!  Powder and ball/bullet ready in all respects, minus the source of ignition (cap or powder in the pan of a flintlock) and it's STILL UNLOADED as far as NJ is concerned!

 

Dave

Muzzleloader and Hunter

[vladtepes 1,060]

Mind you laws says guns and ammo must be kept separate nothing about empty mags being kept separate

 

 

please do not post incorrect info.. 

[Jon 264]

Not to be argumentative Dave but... NJ Law does not clarify the definition of a 'loaded gun' at all. While it has been standard practice of NJ Hunter Safety instructors to regurgitate the above definition of an unloaded muzzleloader, it is not what the law says.

[Duppie 73]

please do not post incorrect info.. 

Seems to be a reoccurring theme with this particular poster.

[ogfarmer 138]

when did I ever post anything else that I was mistaken with? I think I have only once posted in NJ law discussions.  So you have me confused with someone else.

 

Seems to be a reoccurring theme with this particular poster.

 

 

 

please do not post incorrect info.. 

 

and btw I acknowledged I was wrong, and said OK when I was corrected

[Smokin .50 1,907]

Not to be argumentative Dave but... NJ Law does not clarify the definition of a 'loaded gun' at all. While it has been standard practice of NJ Hunter Safety instructors to regurgitate the above definition of an unloaded muzzleloader, it is not what the law says.

 

 

Jon,

 

You are also correct.  The Hunter Safety Instructors tell students what's LEGAL, and you'll only find it mentioned in Hunter Safety videos, brochures, etc., and NOT written into the law journals.  Sort of the same way our un-elected head of the NJ State Police Firearms Unit has determined (all on his own and of his own doing) that Gamo air rifles with "whisper" technology are actually Assault weapons with illegal silencers.  So everybody has to listen to what a Pin Head THINKS the law IS, but it's not really written anywhere, it's just his OPINION!  And since he isn't a Legislator, it can't be a LAW, because Legislators write LAWS, right?  OI!

 

The Lawyers writing NJ gun law have, without regard to the common man, deliberately and in a conspiratorial fashion, proven time and time eternal that they want to be as vague as possible so as to ensnare subjects of the Realm with their insidious and grossly misunderstood meanings and definitions.  How simple would it be to just see written on a sheet of office paper, stapled to a Court House door, "Please, NO guns in the Court House!" as is the case in Stowe, VT!

 

Entirely correct on all points and equally convoluted!  In practice, Hunters coming out of the woods don't get jammed-up for having a loaded muzzleloader, so long as the source of ignition is taken off of the firing mechanism.  Even in New Jersey, SOME common sense prevails, lol!

[Duppie 73]

when did I ever post anything else that I was mistaken with? I think I have only once posted in NJ law discussions.  So you have me confused with someone else.

 

 

 

 

 

and btw I acknowledged I was wrong, and said OK when I was corrected

Forgive me I did indeed confuse you with another member who always chimed in when this subject appears.

[ogfarmer 138]

Forgive me I did indeed confuse you with another member who always chimed in when this subject appears.

No problem, I try to avoid these threads, but this time I misspoke and was corrected.

[Newtonian 453]

If a round is inside the gun, whether chambered or in a magazine, the gun is loaded. That's the common sense definition and one I'd hope every judge would apply.

 

Question: Is possessing a loaded magazine, say, of 10 .22lr, non-hollow point, ok? If it's on your person? In the trunk of your car? With or without an UNLOADED rifle inside the trunk?

 

If you see a deer that has just been hit, and its legs are broken, can you take out that rifle and put the animal out of its misery?

[Smokin .50 1,907]

Six questions in a single post...my head is spinnin', lol!

[vladtepes 1,060]

Ammo in gun - loaded

Ammo not in gun - unloaded

[vladtepes 1,060]

I saw an officer take out a hurt deer.... He called in for approval to shoot the animal... I believe it to be unlawful to kill an animal except where otherwise allowed...