Don't think there is one.. Just mentioned "loaded firearm".
Beleive there is a section about loaded black powder and crossbows.. Not firearms.
What is a loaded gun?
- Thread starter swinokur
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Beleive there is a section about loaded black powder and crossbows.. Not firearms.
Stevil Kenevil
Member
In MD... If you put a rock in a paper towel tube 
And it seems to be the only definition in a statute. I'd guess a SA would use that definition in a prosecution.
I can tell you that a round in the magazine of a rifle, not chambered will get you a summons from the DNR, the cops will call them in just for that. I know someone that this happened to. It was a bolt action rifle with a self-contained magazine. It is a DNR violation if there is a round 'in the gun'.
The MD statutes make no differentiation of where the statute is located. It's a violation of a statute, not just a DNR violation. It just happens to be in the DNR Article 10 part of the MD Code..You can be charged even if not engaged in hunting.
In this particular case, the person was charged, but with a different violation, illegal transportation of a handgun. It was used the day before and was still in the trunk the next day, actually they were on the way home from work to unload the weapons from the vehicle, but.... that's what they told the MSP. There was no charge for the loaded rifle, that was just a ticket from the DNR. I'm sure if they could have charged this person with the loaded rifle, they would have added that also. 
eta - they were not hunting
eta - they were not hunting
I should elaborate to clarify... they were involved in a traffic accident, the trunk came open and the cops saw the weapons when they arrived at the scene. They had been target shooting the day before.In this particular case, the person was charged, but with a different violation, illegal transportation of a handgun. It was used the day before and was still in the trunk the next day, actually they were on the way home from work to unload the weapons from the vehicle, but.... that's what they told the MSP. There was no charge for the loaded rifle, that was just a ticket from the DNR. I'm sure if they could have charged this person with the loaded rifle, they would have added that also.
eta - they were not hunting
Understood, but MSP can charge you with a violation of the statute in the DNR Article as easily as DNR can. That's all I was pointing out.
just don't have a loaded gun in a car in MD unles you have a W & C permit.
just don't have a loaded gun in a car in MD unles you have a W & C permit.
Understood, just saying, in this particular case, there were multiple charges filed by MSP against the defendant, but not the loaded rifle.. they called in a DNR officer to serve that ticket and from what I heard about it, they were out to nail him with anything.. lol
Yeah, but they have to know what to cite and if its something with a set fine or not etc. If they know who to call and ask, its a done deal.
Threeband
The M1 Does My Talking
lowoncash
Baned
I have heard but not verified that leaving a hunting area and being in close proximity to a road with a cap still in place in a muzzle loader is considered loaded by DNR. I was told it had to do with the proximity to the road.
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,462
Illegal firearm ... An oft' questioned term...
For GP... If there is any thing about the firearm which is an illegal condition...
• reported stolen
• possessed contrary to law or ordinance
• parts installed which violate law
• carried upon or into property where prohibited
• carried in a manner not lawful
• carried by prohibited person
... etc...
Whether it is of a configuration, reported stolen, carried or in any way possessed contrary to actual law, statue or ordinance...
That firearm may be called an "illegal firearm".
It is simply... any firearm which violates or has been used in any violation of law...
That probably goes down as a legal gun being carried illegally. The gun is right and you're wrong
Is that a .380 mag in your pocket or are you happy to see me?
To answer the original question there is no statutory definition of what is a 'loaded firearm' in Maryland. I have argued unsucessfully many times to judges (and three times in front of juries) that loaded requires a round in the chamber. No judges nor none of the juries have ever accepted that definition. There is also no case law in Maryland that defines "loaded" as well. In all of these instances the firearm had a loaded magazine inserted, but nothing in the chamber.
Thank you for this.
Have you encountered cases with a loaded mag carried or transported separate from firearm? In same vehicle say. If so what were the judgements?
Skins_Brew
loves the smell of cosmo
A loaded gun to me is any gun that I have not personally inspected to ensure clear and safe.
Best answer of the thread......
I know this is a discussion of MD law, but the lack of a definition of "loaded" sounds like our law here in Illinois. Fortunately, ISP put out an educational pamphlet several years ago that stated:
... the location of ammunition being transported, including ammunition in loaded magazines is not regulated so long as the firearm is transported lawfully...
They go on to state that the firearm must be unloaded, ie no ammunition in the chamber or cylinder and no loaded magazine can be inserted in the firearm. It is legal to transport a fully loaded magazine next to - but not in - the firearm, enclosed in a case.
I wish you guys had clearer statutes, or at least guidance from MSP or your AG that you could rely upon.
BTW, I really enjoy visiting this site (almost every day). The membership here seems very knowledgeable and helpful.
... the location of ammunition being transported, including ammunition in loaded magazines is not regulated so long as the firearm is transported lawfully...
They go on to state that the firearm must be unloaded, ie no ammunition in the chamber or cylinder and no loaded magazine can be inserted in the firearm. It is legal to transport a fully loaded magazine next to - but not in - the firearm, enclosed in a case.
I wish you guys had clearer statutes, or at least guidance from MSP or your AG that you could rely upon.
BTW, I really enjoy visiting this site (almost every day). The membership here seems very knowledgeable and helpful.
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