Loaded Mags

[hd2000fxdl 422]

OK folks, been thinking about this and the recent thread about Walking to the range prompted this.

 

I always transport my firearms unloaded, the pistols are in a range bag in a compartment with a lock on it. My rifles are also in soft cases and locked.

 

I do however transport Ammo in boxes as well as pre loaded in mags and they are in there own compartment and locked.

 

The question is the Mags are loaded, hey it saves time with being able to have 14 mags loaded for my one gun and another 5 for another and 3 for the other etc. I have seen mentioned that mags should not be loaded. Is this more for the purpose that if you are stopped less chance of a question being raised or is it part of the law because I sure can't find that written. I know the mags are part of the gun, but it''s not the gun itself and as I said the gun is locked in 1 compartment, mags and ammo in another locked compartment.

 

Is this more of being on the safe side thing than the law??

 

Harry

[Pew Pew Plates 358]

The gun is the frame/reciever of the pistol. Without ammunition in the frame/reciever it is not a loaded gun. It is merely a loaded magazine. If a loaded mag is a loaded gun, whats next, a box of 50 rounds of loose ammo is a hi capacity magazine?

 

Thats my thought.

[PK90 3,573]

Is this more of being on the safe side thing than the law??

 

Yes.

 

The law says no loaded firearms during transport. A magazine is not a firearm.

ETA: Damn, not quick enough.

[Anselmo 87]

There is some NY/NJ definition of a loaded gun. If a loaded magazine is within proximity and availability to an unloaded gun, then they define it as a loaded gun.

 

For example that guy from Florida that drove through NYC and was arrested for a loaded gun in his glove box. The gun wasn't loaded but a loaded magazine was also in the glove box so by definition, he had a loaded gun.

[PK90 3,573]

There is some NY/NJ definition of a loaded gun. If a loaded magazine is within proximity and availability to an unloaded gun, then they define it as a loaded gun.

 

For example that guy from Florida that drove through NYC and was arrested for a loaded gun in his glove box. The gun wasn't loaded but a loaded magazine was also in the glove box so by definition, he had a loaded gun.

 

NY has something to that affect, but this is NJ. No such law that I am aware of.

[hd2000fxdl 422]

Thank you all for your answers. I didn't think that a mag would constitute a loaded gun and it sure saves me a lot of time with having them pre-loaded for the range for myself and someone who may be waiting.

 

Harry

[LorenzoS 100]

Nobody has ever pointed to language in the statute or administrative code that loaded magazines are illegal. However many people consider the ambiguity to be enough to put you at risk of extra harassment in case of an encounter with a LEO. My personal choice is not to transport loaded magazines.

 

To save time at the range, get yourself a Maglula magazine loader. It's the best $20 I've ever spent on a firearm accessory.

[kenw 293]

According to the letter of the law, it doesn't seem that transporting a loaded magazine in the same container as the rest of your ammo is illegal.

 

That said, do you want to be the guy who was found with "over two dozen high capacity magazines fully loaded with lethal hollow point bullets designed to penetrate body armor and walls" just in case you find yourself in a predicament while legally traveling to or from the range?

 

I load mine at the range.

[PK90 3,573]

...just in case you find yourself in a predicament while legally traveling to or from the range? ...

 

Exactly why my mags will be loaded to and from the range.

[Dan 177]

The only reference that specifically stipulates how ammunition is to be transported only refers to armor piercing ammo carried by authorized persons:

 

f. (1) Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any bullet, which is primarily designed for use in a handgun, and which is comprised of a bullet whose core or jacket, if the jacket is thicker than .025 of an inch, is made of tungsten carbide, or hard bronze, or other material which is harder than a rating of 72 or greater on the Rockwell B. Hardness Scale, and is therefore capable of breaching or penetrating body armor and which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel, is guilty of a crime of the fourth degree.

 

(2)Nothing in this subsection shall be construed to prevent a licensed collector of ammunition as defined in paragraph (2) of subsection f. of N.J.S.2C:39-3 from transporting the bullets defined in paragraph (1) of this subsection from (a) any licensed retail or wholesale firearms dealer's place of business to the collector's dwelling, premises, or other land owned or possessed by him, or (B) to or from the collector's dwelling, premises or other land owned or possessed by him to any gun show for the purposes of display, sale, trade, or transfer between collectors, or © to or from the collector's dwelling, premises or other land owned or possessed by him to any rifle or pistol club organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice; provided that the club has filed a copy of its charter with the superintendent of the State Police and annually submits a list of its members to the superintendent, and provided further that the ammunition being transported shall be carried not loaded in any firearm and contained in a closed and fastened case, gun box, or locked in the trunk of the automobile in which it is being transported, and the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

[RecessedFilter 222]

I'll keep to loading mine at the range like always.

[Dan 177]

Found this at http://www.handgunlaw.us/states/newjersey.pdf

 

What Does NJ Consider A Loaded Firearm?

 

New Jersey does not define Loaded. Its firearm laws are full of the words Loaded or Unloaded but does not

give a definition. When a state does not define Loaded or Unloaded Handgunlaw.us recommends that all

firearms do not contain any ammo either in a fixed cylinder, fixed magazine or Tube. That all detachable

magazines do not contain any ammunition.

[vjf915 456]

If it is not specifically defined in a law, I think it would be hard to be charged with the crime. The law does not state that a magazine cannot be loaded. As long as it is locked in a separate compartment, then any good lawyer should be able to fight his way out of it. You can't be charged for a crime if the law does not say it is a crime.

 

However, I think you're looking for more trouble than you need. Get a mag loader, save your thumbs some trouble, and save yourself from a lot of legal fees.

[Dan 177]

If it is not specifically defined in a law, I think it would be hard to be charged with the crime. The law does not state that a magazine cannot be loaded. As long as it is locked in a separate compartment, then any good lawyer should be able to fight his way out of it. You can't be charged for a crime if the law does not say it is a crime.

 

However, I think you're looking for more trouble than you need. Get a mag loader, save your thumbs some trouble, and save yourself from a lot of legal fees.

 

Exactly, its just a recommendation. In a state where everything is restricted unless specifically allowed via exemption, and we own guns "at our own peril" when it comes to legality... I think its a good recommendation. A decision each person has to make in terms of their comfort level.

[theRU 33]

Gun in one locked box, ammo in another locked box...you are fine. Thats what i do... But as with anything in NJ, do everythign at your own risk.

[hd2000fxdl 422]

If it is not specifically defined in a law, I think it would be hard to be charged with the crime. The law does not state that a magazine cannot be loaded. As long as it is locked in a separate compartment, then any good lawyer should be able to fight his way out of it. You can't be charged for a crime if the law does not say it is a crime.

 

However, I think you're looking for more trouble than you need. Get a mag loader, save your thumbs some trouble, and save yourself from a lot of legal fees.

 

Oh I do use a loader, Uplula and have them for both the 22-.380 and then the bigger one for 9mm-45 and I think it's the best thing since sliced bread, not sure what it was before sliced bread but you get the idea.

 

Harry

[hd2000fxdl 422]

Gun in one locked box, ammo in another locked box...you are fine. Thats what i do... But as with anything in NJ, do everything at your own risk.

 

that's the thing I really don't like about this state, born here and grew up here, got out for a few years back in the 80's just to find myself back here. It's a shame they will do things to responsible gun owners but be an every day criminal and you fall through the cracks.

 

Understand the way I have been doing it is up to par, but can have problems depending on interpretation of the law by whom ever I may be stopped by.

 

Harry

[chaloots 0]

id be careful even though they are in seperate locked containers they may consider the magazine a part of the firearm. as much as i would like to have my mags loaded for once i get to the range i dont take that chance. it sucks but id hate to be the example

[Jon 264]

I always pre-load my mags for static steel matches.

[Seno 0]

A mag is part of the gun,

If the mag is loaded so is the gun..

Read that somewhere cant recall where..

[Regulator72 80]

I think the "intent" of the law is that the gun be transported unloaded as well as not being able to be immediately loaded, I.e having a loaded magazine vs having to load a Mag. That's my take on it and how I roll.

 

I was told by the folks at shootnj when I took the NRA class with them that transporting a loaded magazine was th same as a loaded gun in nj and therefore illegal. Right or wrong, ill follow that advice.

[Rifleman1 32]

To save time at the range, get yourself a Maglula magazine loader. It's the best $20 I've ever spent on a firearm accessory.

 

Phil lent me his to load the 9mm and .45 magazines last Saturday at Shore Shot. It worked great and was fast. They are up to $30, best price I've found. Just ordered 2.

[Rifleman1 32]

Thank you all for your answers. I didn't think that a mag would constitute a loaded gun and it sure saves me a lot of time with having them pre-loaded for the range for myself and someone who may be waiting.

 

Harry

 

If you get stopped, please post the result so we know if we need to unload our magazines.

[BCeagle 12]

FYI I took NRA basic pistol a few weeks back and they said it was illegal to transport loaded mags with the gun in the car, constructively a loaded gun.

[hd2000fxdl 422]

If you get stopped, please post the result so we know if we need to unload our magazines.

 

Won't be able to do that, after joining OBRPC they ask that you don't come to the range with loaded mags, so I am in the habit of not having them loaded.

 

Harry

[mikeyboyeee 66]

FYI I took NRA basic pistol a few weeks back and they said it was illegal to transport loaded mags with the gun in the car, constructively a loaded gun.

 

That is them covering their a**.

 

They are not lawyers and frankly, the lawyers judges and cops don't even know what the law is.

[Jon 264]

Loaded mags ARE NOT illegal to have in your vehicle.

[BCeagle 12]

That is them covering their a**.

 

They are not lawyers and frankly, the lawyers judges and cops don't even know what the law is.

 

This is the problem. I would love to load up all my mags at home and then go to the range, but its not worth the risk to me..

[Rifleman1 32]

Won't be able to do that, after joining OBRPC they ask that you don't come to the range with loaded mags, so I am in the habit of not having them loaded.

 

Harry

 

 

They told me that too at Shore Shot. Typically lawyers will research other cases to determine if precedent has been set in order to defend against charges. I don't know if there is any NJ case info on this aspect.