Author Topic: Question on definition of "unloaded"  (Read 3347 times)

0 Members and 1 Guest are viewing this topic.

Offline Caddisman

  • Posts: 3
Question on definition of "unloaded"
« on: March 04, 2012, 11:20:17 PM »
Ive been looking for a few days and have yet been able to find a honest answer. What is the law regarding transporting a firearm in a trunk? reading the law it states the firearm for a non CPL holder must be in a truck in a case unloaded but wondering what is considered unloaded? I freq go to a gun range and was wondering if a loaded mag that is sitting in the truck is legal or still considered a loaded firearm? If I decide to oc in the future I would hate to have to unload a mag every time I must enter transport mode then stand at the trunk and load a mag back up again when getting to oc area.

 Thanks in advance

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
Re: Question on definition of "unloaded"
« Reply #1 on: March 05, 2012, 12:01:20 AM »
Assuming you nor anyone in the vehicle have A a CPL...

Does your vehicle have a trunk?

If not, it must be encased in a case designed to hold firearms and in an area of the vehicle inaccessible to the occupants

If it does -- it must be in the trunk (and encased?).

Magazines can be loaded and even in the same case as the firearm, but there must not be any loaded magazines in the firearm and the chamber must be cleared.
I Am Not A Lawyer (nor a gunsmith).

Offline Glock9mmOldStyle

  • MOC Member
  • *
  • Posts: 603
Re: Question on definition of "unloaded"
« Reply #2 on: March 06, 2012, 01:07:49 AM »
Assuming you nor anyone in the vehicle have A a CPL...

Does your vehicle have a trunk?

If not, it must be encased in a case designed to hold firearms and in an area of the vehicle inaccessible to the occupants

If it does -- it must be in the trunk (and encased?).

Magazines can be loaded and even in the same case as the firearm, but there must not be any loaded magazines in the firearm and the chamber must be cleared.

^^^

Above is the correct answer +1 Q. So follow this advice Original Poster (OP) and you will be fine. If you mean a pick-up truck the safest way of transporting your rifle or pistol would be in the bed of the truck, in those mentioned containers design for transport, and for good measure locked in a tool box, or under the truck cap, hard cover,  etc.. { to avoid an overzealous agent of the law [a.k.a.  Big Brother] }. The main point is that is MUST be out of the reach of all the occupants of the vehicle. If you say you cannot reach it behind the seat I believe you, but will Johnny Lawman :-\???
"It is now more likely that a person will be the victim of a violent crime than that he will be in an auto accident. Despite this, most people readily believe that the existence of the police relieves them of the responsibility to take full measures to protect themselves."
 -Jeffrey Snyder 1993

Offline Caddisman

  • Posts: 3
Re: Question on definition of "unloaded"
« Reply #3 on: March 07, 2012, 07:42:20 PM »
Thanks for the info and ya I knew the gun must be in a trunk if in a car and out of reach if in truck, but wasnt sure if I could keep loaded mag in same area as gun and if the case it is kept in must be locked up while in transport mode.