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Does a mounted side saddle ammo carrier make a gun "loaded"? Login/Join 
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I put one of these on my 870 and take it up to my camp on the weekends.It would be nice to keep the ammo on the shotgun without taking the ammo when transporting it.This is in rural Pa.where we have pretty lax gun laws.Thanks.






 
Posts: 607 | Location: NW Pa. USA | Registered: January 25, 2004Reply With QuoteReport This Post
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Picture of P250UA5
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My opinion, loaded means ammo inside the firearm.
Sidesaddle, doesn't really seem any different than carrying a reload (mag or speedloader), just happens to be attached to the gun.

But, I'd check with state/local laws to be certain, obviously.




The Enemy's gate is down.
 
Posts: 16527 | Location: Spring, TX | Registered: July 11, 2011Reply With QuoteReport This Post
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PA law is difficult on this score, especially since the scenario you describe hasn't been clarified like firearms with a detachable magazine were clarified.

According to the definitions of the PA Uniform Firearms Act:

A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment. [The last sentence of that definition was added relatively recently, I think.]

I would most definitely err on the side of, yes, a gun with a mounted, full side saddle would be deemed "loaded", even if that's not explicit per the definition of "loaded". That they have gone to the lengths of defining a long gun as unloaded if you keep a magazine in a separate pouch suggests that they mean not just source of feed, but source of ammunition, IMO. A loaded shotgun card may not feed the gun like the detachable box magazine, but it is used to provide ammunition that YOU can feed into the gun's magazine.

IANAL, but all the gun lawyers in PA I've talked to or been around when this topic came up have said "ammo in a separate compartment" for long guns.

Furthermore, the absurdity of the fact that you can carry an NFA SBR or SBS actually loaded with a concealed carry permit in your car just doubles down on the confusion. Because, according to the law, NFA items are "firearms" like pistols and revolvers, but non-NFA rifles/shotguns are not "firearms". Roll Eyes

PS: I wouldn't rely on being in rural PA to protect you. The "loaded long gun" stuff is actually connected to PA game laws, where it is already illegal to hunt from a vehicle. A game commission officer could get you on that score, I think, even if you're not hunting. I believe there are two separate violations for "loaded gun in vehicle", one in the game code and one in the firearms code. Don't quote me on that, though, since I haven't tracked that down.


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Posts: 19837 | Location: SE PA | Registered: January 12, 2001Reply With QuoteReport This Post
Banned for
showing his ass
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quote:
Originally posted by P250UA5:
My opinion, loaded means ammo inside the firearm.
Sidesaddle, doesn't really seem any different than carrying a reload (mag or speedloader), just happens to be attached to the gun.

But, I'd check with state/local laws to be certain, obviously.


As a retired LEO ... I agree.
 
Posts: 3190 | Location: PNW | Registered: November 16, 2012Reply With QuoteReport This Post
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Thanks for the replies. Thinking about this I have decided to just remove the shells while transporting the gun.






 
Posts: 607 | Location: NW Pa. USA | Registered: January 25, 2004Reply With QuoteReport This Post
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quote:
Originally posted by Oat_Action_Man:
PA law is difficult on this score, especially since the scenario you describe hasn't been clarified like firearms with a detachable magazine were clarified.

According to the definitions of the PA Uniform Firearms Act:

A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment. [The last sentence of that definition was added relatively recently, I think.]

I would most definitely err on the side of, yes, a gun with a mounted, full side saddle would be deemed "loaded", even if that's not explicit per the definition of "loaded". That they have gone to the lengths of defining a long gun as unloaded if you keep a magazine in a separate pouch suggests that they mean not just source of feed, but source of ammunition, IMO. A loaded shotgun card may not feed the gun like the detachable box magazine, but it is used to provide ammunition that YOU can feed into the gun's magazine.

IANAL, but all the gun lawyers in PA I've talked to or been around when this topic came up have said "ammo in a separate compartment" for long guns.

Furthermore, the absurdity of the fact that you can carry an NFA SBR or SBS actually loaded with a concealed carry permit in your car just doubles down on the confusion. Because, according to the law, NFA items are "firearms" like pistols and revolvers, but non-NFA rifles/shotguns are not "firearms". Roll Eyes

PS: I wouldn't rely on being in rural PA to protect you. The "loaded long gun" stuff is actually connected to PA game laws, where it is already illegal to hunt from a vehicle. A game commission officer could get you on that score, I think, even if you're not hunting. I believe there are two separate violations for "loaded gun in vehicle", one in the game code and one in the firearms code. Don't quote me on that, though, since I haven't tracked that down.
Actually, the game commission worried me more than a LEO about it.






 
Posts: 607 | Location: NW Pa. USA | Registered: January 25, 2004Reply With QuoteReport This Post
To Do What is
Right and Just
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This goofy ass law here is exactly why years ago I bought a Benelli m1 sbs. When up at camp I can just leave it loaded in the car.
 
Posts: 2441 | Location: Usually Somewhere | Registered: July 28, 2011Reply With QuoteReport This Post
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Very little
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quote:
According to the definitions of the PA Uniform Firearms Act:

A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment. [The last sentence of that definition was added relatively recently, I think.]



Seems like the issue would be the definition of the side saddle regarding if it meets PA's definition of a magazine or not.

The Carry section seems appropriate to define this situation. It often refers to the requirement of separation of the ammo from the firearm. Regardless of how the ammo is packaged, be it the original box, magazine, or however kept, the ammo must be separate from the gun.

The question of the side saddle, since being attached to the shotgun does this legally put the ammo with the firearm. Even though its outside the gun is it considered separate enough.

If you can detach the side saddle like you can a magazine, then put it in a glove box it would seem to meet the requirements of a magazine and need to be separate from firearm.

Perhaps a simple solution is to pull the shells from the side saddle, put them in a baggie, drop in the console, thus, separate the ammo from the gun during transport which seems to be the overall rule.

The Transportation section:

Transportation in a Vehicle

A handgun being transported in a vehicle without a license to carry must be unloaded and must be carried under one of the exceptions listed above under ‘Carry.’ Rifles and shotguns may be transported in a vehicle as long as they are unloaded.

While transporting a firearm without a license, it is up to the person carrying the firearm to demonstrate that one of the exceptions applies. A law enforcement officer may demand such evidence.

Below is a link to summary of PA laws.

NRL-ILA Firearm Laws PA

You might also try the PAFOA board

PAFOA Legal Forum
 
Posts: 25023 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
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Much depends on the jurisdiction. Loaded in the strictest sense is either a round is in the chamber or, a round can be inserted into the chamber with a simple mechanical action of the gun...cylinder rotation, racking slide or, lever.

Some jurisdictions have very restrictive ammunition transportation regulations/laws and prior rulings, that will define anything outside of a locked container as being in violation. So not necessarily loaded but, violating a law nonetheless. Best to check where you're going and how they view it. I would imagine rural PA is going to be pretty liberal with such laws, just as long as you're not negligent or, careless.
 
Posts: 15387 | Location: Wine Country | Registered: September 20, 2000Reply With QuoteReport This Post
Telecom Ronin
Picture of dewhorse
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Wow....someone is ready my mind, we are doing a road trip home for the holidays to NW PA and I was just asking myself last night if I should just move all the mags to a different bag.

So placing a magazine in the glove box seems like it would be a separate container...assuming the rifle is in the back in a separate bag.

thanks!
 
Posts: 8301 | Location: Back in NE TX ....to stay | Registered: February 12, 2004Reply With QuoteReport This Post
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