Arkansas Defines "Loaded Firearm"

[Craig_AR]

Effective 1 August 2023 Act 549 of the 2023 Regular Session, HB 1547, takes effect, amending Arkansas Code § 5-73-101, adding to Section 1

(14) "Loaded firearm" means a firearm that is assembled and contains an unexpended cartridge, shell, or projectile in the firing position, including without limitation:
(A) For a pistol or revolver, when an unexpended cartridge, shell, or projectile is in a position in which the unexpended cartridge, shell, or projectile could be fired by one (1) manual operation of any mechanism; and
(B) For a muzzle-loading firearm, when the muzzle-loading firearm is charged with a propellant and a projectile and is capped or primed.

Clearly, under this language a semi-auto with a full magazine but no round in the chamber is not loaded, and a revolver with the chamber one-off from the hammer empty is not loaded. Still, no way I'd try to argue the point to a LEO wanting to discuss the issue with me.
Although, I can see lawyers arguing that the words including without limitation mean that the one-action language is not limiting, and a gun with any unexpended projectiles in it make it loaded; in that case en empy chamber but full mag would mean it is also loaded.

 

[bearcreek]

What was the definition before?

 

[AlexanderA]

Yes, instead of clarifying, this just muddles the waters. What was the Arkansas legislature trying to accomplish? It seems that they were trying to limit "loaded" to having a live round in the chamber, but the common conception of "loaded" includes having rounds in the magazine or cylinder without having one in the chamber. (For a double-action revolver, that would be a round in the next chamber.)

For a single-action revolver, presumably, for it to be "loaded," the hammer would have to be cocked, because cocking the hammer and pulling the trigger would be two separate manual operations. Which means that a single-action revolver can never be "loaded" when the hammer is down. Surely this strains credulity.

This just cries out for litigation before the issue is settled.

 

[rust collector]

This is a move to clarify a phrase that is or has been made ambiguous. There are many restrictions on possessing, carrying or concealing a loaded firearm, particularly in vehicles, places where alcohol is consumed, or when alcohol or other intoxicant have been ingested. Without the distinguishing language, it could be claimed that a gun with an empty chamber but a loaded magazine was a loaded firearm. It could be claimed that a rifle with a few rounds in the butt compartment was loaded. It could be asserted that a long gun with a magazine cut-off was loaded although the chamber was empty.

I agree there is always room for improvement and technology continues to advance. Nevertheless, the statutory tweak removes a bit of ambiguity, so application of the statute is less likely called into question.

 

[JohnKSa]

...a revolver with the chamber one-off from the hammer empty is not loaded...

Right. It's worthwhile to keep in mind that in the case of a DA revolver, the evidence disappears if the cylinder is not opened carefully. Also, the person checking the gun would need to know the direction of cylinder rotation.

As the law is written, it appears that leaving the cylinder open but fully loaded in a DA revolver would make it unloaded per the new law since one would have to close the cylinder (1 manual action) and then either cock the hammer or pull the trigger to fire the gun. That would be 2 manual actions so the gun would be unloaded under the new law.

...a single-action revolver can never be "loaded" when the hammer is down...

Interesting, and somewhat counter-intuitive, but that does appear to be what the law says. It's worthwhile to keep in mind that legal definitions don't have to conform to normal convention.

Assuming we're reading the law right, here are some other examples that would not be considered loaded under the new law:

Any SA firearm with the hammer down. (Cock the hammer, pull the trigger)
Any pistol cocked and locked. (Release the safety, pull the trigger)
Any firearm with a manual safety engaged. (Release the safety, pull the trigger.)
Any hammer-fired firearm with the hammer at half-cock if it can't be fired from that position. (Bring hammer to full cock, pull the trigger).
A bolt action rifle with the bolt not fully closed. (Rotate the handle into locked position, pull the trigger.)

It's worth noting that in those cases, if the chamber is loaded and a hammer is accidentally cocked/fully cocked or a safety is accidentally released or a bolt handle is unintentionally rotated down to the locked position, that changes the legal status of the firearm...

One might even be able to argue that disengaging a grip safety constitutes the "manual operation of a mechanism", but I don't think I'd want to have anything at stake when arguing that particular position.

 

[AlexanderA]

So, a handgun with a manual safety engaged is considered "not loaded." (Because disengaging the safety is the first "manual operation" and pulling the trigger is the 2nd.) Keep your gun "locked and loaded" and, legally, it is "unloaded."

(It's true that the "one manual operation" rule applies explicitly to handguns. But it could be extended, by analogy, to rifles such as AR-15's.)

This interpretation stands the meaning of "loaded" on its head, and is clearly not what the legislature intended. They need to go back to the drawing board.

In the meantime, the courts could easily void this on the grounds of vagueness. Considering that this is a criminal statute, the law as written doesn't give adequate notice of what is legal and what is not.

 

[CapnMac]

Like as not, this is the sort of artifact that occurs when those who are not Subject Matter Experts attempt to make precise legislation.

 

[unclenunzie]

So, a handgun with a manual safety engaged is considered "not loaded." (Because disengaging the safety is the first "manual operation" and pulling the trigger is the 2nd.) Keep your gun "locked and loaded" and, legally, it is "unloaded."

(It's true that the "one manual operation" rule applies explicitly to handguns. But it could be extended, by analogy, to rifles such as AR-15's.)

This interpretation stands the meaning of "loaded" on its head, and is clearly not what the legislature intended. They need to go back to the drawing board.

In the meantime, the courts could easily void this on the grounds of vagueness. Considering that this is a criminal statute, the law as written doesn't give adequate notice of what is legal and what is not.

I doubt the application of a safety would (legally) render a pistol with round in chamber "unloaded" as you've described it. I see no difference then with a 1911 thumb safety off, round chambered, on a table. It cannot be fired unless the grip safety is depressed first. The same argument could be made about a chambered Glock in a holster (blocking access to trigger).

 

[Coyote3855]

Daily I give thanks that I'm living in Wyoming where quibbling over unclear language in the law is not much of an issue.

 

[CoalCrackerAl]

I fail to understand why it matters. In any state.

 

[JohnKSa]

This interpretation stands the meaning of "loaded" on its head, and is clearly not what the legislature intended. They need to go back to the drawing board.

Right, this is what I meant when I said that "It's worthwhile to keep in mind that legal definitions don't have to conform to normal convention." They aren't trying to give the world a new definition for loaded, they are only providing a specific legal definition so that people can tell they are in compliance with a particular state law.

I fail to understand why it matters. In any state.

Some states don't regulate activities with guns that are unloaded that would be either illegal or regulated if the gun were loaded.

I doubt the application of a safety would (legally) render a pistol with round in chamber "unloaded" as you've described it. I see no difference then with a 1911 thumb safety off, round chambered, on a table. It cannot be fired unless the grip safety is depressed first. The same argument could be made about a chambered Glock in a holster (blocking access to trigger).

It's not just any action that satisfies the law, it is specifically "manual operation of any mechanism". Disengaging a safety is clearly the "manual operation" of a "mechanism" while I think it would be a hard sell to convince someone that taking a gun out of a holster qualifies as manually operating a "mechanism".

The grip safety question is sort of up in the air. One could say that the grip safety is operated "automatically" when the user grips the pistol normally and therefore doesn't qualify as "manual operation". A lawyer might be able to argue that it really is manually operating a mechanism convincingly enough to win a case, but I wouldn't want to be the one betting on it--or paying for the lawyer.

 

[Arkansas Paul]

Clearly, under this language a semi-auto with a full magazine but no round in the chamber is not loaded, and a revolver with the chamber one-off from the hammer empty is not loaded. Still, no way I'd try to argue the point to a LEO wanting to discuss the issue with me.

Careful with "clearly".
It will be anything but clear. When this is argued, it will be a convoluted mess, just like things always are.

 

[Spats McGee]

What was the definition before?

I took a look at the Act, and it appears to have added the entire section to the statute. IOW, "loaded firearm" didn't have a statutory definition before.

Careful with "clearly".
It will be anything but clear. When this is argued, it will be a convoluted mess, just like things always are.

Quoted for the truth of the matter asserted therein.

 

[Craig_AR]

Careful with "clearly".
It will be anything but clear.

I stand corrected. There is no such thing as a "clear" law, especially once legal adversaries begin arguing about the law.

 

[denton]

It is the same definition we have had here in Utah for many years.

 

[Craig_AR]

same definition we have had here in Utah

Wow! So has any Utah court actually dealt with any of the problems of that language as described above? Manual safety on: not loaded. No round chambered: not loaded. Empty chamber one-off from the barrel on a revolver: not loaded.

 

[denton]

I am not aware of any problems. Our law makes a distinction between a firearm that is "loaded" and one that "contains ammunition".