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OK trying to get an answer on what is legally defined as loaded firearm

Discussion in 'Legal & Political Archive' started by Toxic6, Mar 14, 2013.

  1. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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    I asked this today

    "
    Today's Date: Thursday, March 14, 2013
    Your message:
    I am researching firearms laws by state, and am stuck on a particular definition in Idaho law that seems to be very broad since it is not legally defined here. What constitutes a loaded firearm in the state of Idaho? I know in Colorado (lived there for a majority of my life :) ) a loaded firearm legally defined is one that has a round in the chamber, or the action cocked in the case of a single shot or revolver. Another close state that I was able to find a legal definition was Utah, where they apparently define a loaded handgun/firearm as one that takes 2 or more actions to fire (was explained as the magazine in the weapon did not make a semi auto handgun loaded, since you still had to cycle the action and pull the trigger). Could you please tell me your standpoint on what constitutes a loaded firearm - or more precisely the state's standing on what the legal definition is in Idaho.....or possibly point me to cases in the state that can be researched that may touch on the subject. Thank you for your time "



    Anyone know if there has ever been a definition backed by legal precedence/cases here in Idaho.....not really looking for smartass responses or opinions on this, trying to breach the ignorance.
     
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Well initially I was going to link you to your state firearm laws, Idaho Statutes

    Then I read them and they do not define much and I found this, http://www.handgunlaw.us/states/idaho.pdf

    Here is what WA says;

    (10) "Loaded" means:

    (a) There is a cartridge in the chamber of the firearm;

    (b) Cartridges are in a clip that is locked in place in the firearm;

    (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

    (d) There is a cartridge in the tube or magazine that is inserted in the action; or

    (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
     
  3. drew

    drew OR Well-Known Member

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    It doesn't look like Idaho has a statutory definition and I didn't find any case law. If there isn't either, it would leave more for interpretation.
     
  4. dallen1x

    dallen1x Wil_Val, OR Active Member

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  5. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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    Good find...it took some reading for me to find the reference in the second link, but the prosecutors and their expert do refer to loaded/reloading as a round in the chamber, not a magazine in the gun. (At least that is how i took "so with the magazine removed, it could not reload itself" statement from the state prosecutor ;) )
     
  6. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    May I ask why? It is my understanding the reason ID does not define "loaded" is there is no specific prohibition in ID to only a "loaded" firearm. I could be wrong, but I cannot think of any place that specifically states you cannot have a "loaded" weapon under this circumstance. read "in re Brickley, 1902" In re BRICKEY. and you might understand why I say that.
     
  7. 1stklass

    1stklass salem oregon Well-Known Member

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    In California and now New York and soon Colorado, A loaded firearm is one where you are holding a GUN PART in one hand, (including but not limited to a fully blocked unusable high capacity mag, and/or, a demilled unusable firearm) and a hammer in the other.... if you use the hammer IN THE PRESENCE of the firearm or firearm part for murder, the firearm takes ALL the blame for the crime and counts towards the liberals definition of murder by "assault weapon".... unless the crime happens within the boundaries of a "gun free zone" then the hammer will take the blame as to keep the spotless record of safety within said zone..... its all :nuts:
     
  8. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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    There are several segments under the laws on firearms and concealed weapons that bring up the term loaded, yet loaded is never defined (in Idaho).....so yeah, you are wrong in your understanding.

    I did read the Brickley case, thanks for the link but not helping with what i am looking for.
     
  9. Toxic6

    Toxic6 Higher then a PDX hipster (~10,000 ft higher) Active Member

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    I'm thinking that was supposed to be funny...idk for sure LOL. I am greatly saddened by the direction Colorado is trying to head right now. I hope most of the crap they (the infamous "they") are trying to ram through hits a brick wall and drops dead.
     
  10. 1stklass

    1stklass salem oregon Well-Known Member

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    Yes i was joking, until i read it back and realized if i thought like a liberal it made perfect sense! Now they will probably try to make serious inroads into blaming assault weapons for murders, from my joke LOL. i am pretty sure Colorado is gone, it is now east California and there is no hope for them.
     
  11. 3MTA3

    3MTA3 DMZ between Liberty and Tyranny Behind Enemy Lines Bronze Supporter

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