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Reg

Ignorance is no excuse! This will cost me thousands.

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37 minutes ago, blue109 said:

So question. If you had a pinned 14.5, and DNR found you in violation and decided to push the issue, would it be considered a criminal firearms violation? And if so, wouldnt that push it into federal court territory? And if so,  wouldnt they look at the federal definition of a 16" barrel?

Does the state hunting regulation specify 16" of rifling? 

 

Just curious here. I got 99 problems but firearm restrictions aint one. :D

That's exactly what I'm trying to preach.  DNR wouldn't stand a chance of making that stick.  Ultimately, they would lose.

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   In reality a pined 14.5" bbl. is just that , a 14.5" rifled bbl. with a pined Muzzle device on it , even  though its over all bbl. length is to BATF regulations , State DNR can specify RIFLED bbl. Length as a regulation & yo can shout to the highest authority , but they make Hunting Regulations in their perspective State & it has nothing to do with BATF regulations . 

  They can & do make up their own Firearms Hunting regulations & they will hold up in court , since you will be in their State , in their courts , good luck to you fighting that , I'll buy the pop corn .

  If you are caught with a Violation , your firearm can be confiscated , but most likely you will be ticketed with a fine & you hunt will be over until you are in compliance .

Edited by survivalshop

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DNR can make their own requirements, but they would need to actually specify those requirements. If the reg specifically states 16" of rifled barrel length or specifically states a permanently attached device doesnt count towards overall length I would agree. If the wording of the reg  doesnt specifically state that, and just says you need a 16" barrel, than a pinned 14.5 is a 16" barrel regardless of what the guy on the phone said.

 

Rene says the reg is 16" barrel. Guy on the phone said  a pinned 14.5 is not a 16" barrel. It is. End of story. They have every right to add whatever requirements they want, but If the reg merely calls for a 16" barrel without any  special qualifications in, they got nothing. 

Edited by blue109

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On 11/21/2017 at 10:25 AM, Reg said:

 

Wisconsin loaded!  WRONG

Quoting WI Deer regulations page 19

"A firearm is considered unloaded if the shell or cartridge is removed from the chamber and

any clip, magazine or cylinder that IS ATTACHED (emphasis my own) to the firearm is empty, the cap or primer

is removed from a percussion muzzleloader, the flashpan of a flint lock muzzleloader is

cleaned of powder or the battery is disconnected and removed from an electronic-ignition

system muzzleloader."

The regulation was changed years ago to accomodate deer drives.  If the chamber is empty and magazine detached, the rifle is not loaded.  If a bolt action rifle does not have a detachable mag then the mag must be empty also.  An unloaded rifle can be transported in a vehicle without being cased.

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13 hours ago, dpete said:

Wisconsin loaded!  WRONG

Quoting WI Deer regulations page 19

"A firearm is considered unloaded if the shell or cartridge is removed from the chamber and

 

any clip, magazine or cylinder that IS ATTACHED (emphasis my own) to the firearm is empty, the cap or primer

 

is removed from a percussion muzzleloader, the flashpan of a flint lock muzzleloader is

 

cleaned of powder or the battery is disconnected and removed from an electronic-ignition

 

system muzzleloader."

 

The regulation was changed years ago to accomodate deer drives.  If the chamber is empty and magazine detached, the rifle is not loaded.  If a bolt action rifle does not have a detachable mag then the mag must be empty also.  An unloaded rifle can be transported in a vehicle without being cased.

Think they changed that when CCW was introduced that’s when the uncased long gun in a vehicle came into action too. With that said I always popped my mag out and put it in my coat 9 times outta 10. Then had an extra in my pack. But I know for a fact at time I thru a loaded mag into the hard case with the rifle but I guess that doesn’t matter anymore

 

loved when they passed the uncased law here 

 

543C411A-910B-4119-B458-4C4A85E67E91.jpeg

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Yep, and pistols can be cocked, locked, loaded and uncased in a vehicle.  Including AR pistols(its a pistol....duh!).  If you don't have a CCW then it has to be visible, otherwise it can be concealed with permit.

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On 11/24/2017 at 5:03 AM, blue109 said:

DNR can make their own requirements, but they would need to actually specify those requirements. If the reg specifically states 16" of rifled barrel length or specifically states a permanently attached device doesnt count towards overall length I would agree. If the wording of the reg  doesnt specifically state that, and just says you need a 16" barrel, than a pinned 14.5 is a 16" barrel regardless of what the guy on the phone said.

 

Rene says the reg is 16" barrel. Guy on the phone said  a pinned 14.5 is not a 16" barrel. It is. End of story. They have every right to add whatever requirements they want, but If the reg merely calls for a 16" barrel without any  special qualifications in, they got nothing. 

remodeling a wdfw building for work and asked an officer if a 14.5 pinned and welded barrel is legit short answer was yes. he said its a minor infraction ( have to be a secondary infraction) and they wouldnt even measure if it looked close...

I asked if they follow the batfe ruling and he said if thats what they consider it to be then yes, he didnt really have a solid answer in my opinion.. its up to the officer's at the time of the interaction. 

They have two trucks and several boats in the inpound garage..

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On ‎11‎/‎21‎/‎2017 at 11:25 AM, Reg said:

his hasn't been verified by me.

Arizona - Not specified by law.

California - That gun is loaded.

Florida - Loaded in anything in the mag.

Georgia - Unclear, but it leans to be considered loaded.

Idaho - Not stated in law.

Kansas - Nothing is the chamber is unloaded.

Kentucky - It would be loaded.

Massachusetts - The gun would be loaded.

Nevada - The gun would be unloaded.

New Jersey - See New York.

New York - Any rounds in the mag would be loaded. Even if the mag is out of the gun but near it.

North Carolina - No law defines loaded.

North Dakota - Loaded magazine is not considered loaded.

Ohio - They define unloaded, but by that then the gun would be loaded.

Oklahoma - Legally that is considered loaded, and in a car the magazine could be near the gun and be considered loaded.

Tennessee - Gun would be loaded

Texas - If a bullet is in the gun or magazine it is loaded.

Utah - Nothing in the chamber is unloaded.

Virginia - It would be considered loaded.

Washington - Gun is loaded.

Wisconsin - Loaded

being as I am from NC . Local law says its required for weapon to be unloaded. ( no ammo in chamber or attached mag ) and not required but definitely preferred for rifle to be in a case of some sort. Soft case is fane. This last is asked as if its within reach and not in sight it can be considered concealed. I have a concealed carry license but that is only for handgun, which I am always carrying. Also if you carry a sidearm in the woods and lets say your coveralls are over the handgun you better have a concealed carry license. Had  a game warden cite me for that and had me in cuffs when the sherriff pulled up and ask did he need help. Game warden said yes he need a transport for me. Long story short Game warden wasn't up to date on his laws as he didn't recognize the CCL I handed him. He said that was not good in a hunting situation and I was not allowed to carry concealed while hunting. Judge seen that differently and required game warden to be retrained.

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40 years ago I lived in Wa. state briefly anyway they have the same type law(at the time not sure now) no loaded guns in car when hunting so I move to Idaho and the first year I am elk hunting come to a check station and I have my 270 with muzzle down in the front with me bolt open so they ask if I got anything and I say no and then i just say and my gun is unloaded, the F&G officer says I don't care if it is or is not , so I say well i thought it was against the law to have loaded in the truck he says nope we don't care if you shoot yourself.......lol have had loaded ever since...

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