Legal Question..detachable mags in vehicles

[Pygmy]

Acoording to the regs as I read them, a firearm in or on a vehicle, must be unloaded in both chamber and magazine.

With an integral magazine such as a tube or staggered box magazine, this is pretty plain.

However, read literally, even a detachable magazine would have to be emptied if it is in the vehicle with the firearm.

I never do that .I just detach the mag and put it in my pocket or lay it on the console, loaded.

I hunted with a friend yesterday who was using a Rem 740 and he had a spare mag. When he got into the truck, he stripped the rounds out of both mags.

What do you do with your detachable mags ? Have you ever heard of anyone being ticketed for having a loaded deatchable mag in a vehicle if it was not in the firearm ?

[tughillhunter]

I never empty my mag. As i understand, if your weapon is for example, in your trunk, and your mag is in the glove box, you are fine. i always have my gun away from the magazine. got stopped once at a checkpoint, and they didnt say anything.

[MuzzyLoader]

NEVER unload my Rem 700 box magazine until after the season. While traveling I place my rifle in the gun case stored in the back of my pickup (locked tailgate & cap) and the magazine is in the console twix the front seats.

Never been stopped though and checked...

[bkln]

where in the regs do you see that Pygmy? I never unload my AR magazines, just keep them away from the gun, that's it...

[Pygmy]

It's in the regs pamphlet in the "firearms in vehicles" section.

It simply states that in order to be considered unloaded, a firearm must be unloaded both in chamber and magazine. I find no aside for detachable mags.

The PA booklet is more precise. It states that a firearm must be unloaded both in chamber and magazine if the magazine is attached. That infers that as long as the mag is not in the gun, the gun is unloaded.

[bkln]

...a firearm must be unloaded both in chamber and magazine...

The way I read it is that the magazine has to be away from the gun and no round in the chamber, no word about the magazine itself...are we splitting hair here...??? :-)

[Pygmy]

Probably we are, Bkln....

However, a friend of mine told me that his Dad got a ticket one time for having the mag for a bolt action shotgun loaded on the dashboard while driving around.

Seems like maybe it's one of those GREY areas...

It would be nice to know for sure..

As por MOI, I'll continue to have the mag loaded in the vehicle...If I were to get busted for it, I would just pony up and take my medicine. Having to strip the rounds out of a detachable mag every time I get in the truck seems kinda silly to me.

[wooffer]

As previosuly quoted, "Acoording to the regs as I read them, a firearm in or on a vehicle, must be unloaded in both chamber and magazine".

The statement makes no mention of detachable magazines. Once a magazine or any part is detached from a firearm it is no longer a firearm. Law enforcement would be taking poetic license with this statement if they cited you for a loaded magazine that is not attached to the firearm.

All the laws governing firearms must be checked though for that municipality. I believe NYC (worst case example) requires ammo to be kept seperate and both locked up.

Does this mean I would drive around with live cartridges visible from the outside of car even if I am allowed? NO!

The bottom line is that you should always attract the least amount of attention to yourself and don't do anything that would raise a red flag to law enforcement.

[Tim Martin]

I just remove the magazine, and put it in my coat, or hunting bag.... If read literally, " a firearm in or on a vehicle, must be unloaded in both chamber and magazine." If the magazine is removed, then the "firearm's magazine would have to be empty. My thoughts.

Edited December 3, 2011 by Tim Martin

[bkln]

I just remove the magazine, and put it in my coat, or hunting bag.... If read literally, " a firearm in or on a vehicle, must be unloaded in both chamber and magazine." If the magazine is removed, then the "firearm's magazine would have to be empty. My thoughts.

I beg to differ Timmy, the key word is "a firearm" in plain English (as I understand it :-)) A firearm must be unloaded (as in to be free of) a round in the chamber and a magazine. There is no implicit link to the rounds that are inside of the magazine only that the rounds are away from the firearm (in a chamber or a magazine)...but hey I have been wrong before....:-)

Pygmy, what was the ticket for? I mean what was the "legal explanation" of the violation?

Edited December 3, 2011 by bkln

[cbx46]

I had this conversation this season too. Seems the DEC in my area likes to knit pick. And it also seems that they prey on these gray areas. I think it you unloaded the magazine also you can be wrong was what we came up with. Heres another the back tag needs to be on the out most layer of clothing, what if you then don a back pack. I keep mine on my pack bc Im almost always wearing it. But a pack is and accesory not clothing.

[Tim Martin]

What was meant in my first post was pretty simple... if the magazine is physically removed from the firearm, then the firearm's magazine's chamber would therefore have to be empty. I was not implying that the magazine had to be emptied! But simply removed from the magazines chamber... as well as any round in the chamber obviously,

I figured anyone would be able to interpret what I meant when I stated "I just remove the magazine, and put it in my coat, or hunting bag", I did not mention, or make note of actually emptying the magazine. Semantics is your issue... And my name is Tim.

Edited December 3, 2011 by Tim Martin