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Thread: Leaving magazines loaded (legal issues?)

  1. #1
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    Leaving magazines loaded (legal issues?)

    In an effort to break in some very stiff pistol mags that have very sharp edges, I've left my mags loaded to the full 15 round capacity to try to make them a little easier to load at speed without slicing up my thumbs as I don't have a speed loader yet. However thinking back I thought I remembered reading something about having mags loaded is basically saying to the police you have them ready for self defence etc? But I cannot find it referenced in the arms code?

    Considering they're stored in a separate lockbox in a separate room to my firearms, will this be any trouble? Another example is I drive a long distance to my club after work and have very limited time to get shooting and practice done, so figured having 6 mags loaded is more time saved, and again is stored in separate part of car.

  2. #2
    P38
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    Macca

    The Arms Regulations require you to empty the magazine before transportation and storage.

    The Arms Regulations require these minimum standards when storing your firearm:
    Make sure both the chamber and the magazine are empty.

    The Arms code says you cannot drive a car on the road with a loaded firearm, this includes the magazine - it must be empty.

    It's also an offence under the arms act to carry a loaded firearm in a vehicle
    Carrying a firearm that is loaded (whether in its breech, barrel, chamber or magazine) in or on a motor vehicle on a road or in any place to which members of the public have a right of access.

    Also check you clubs range safety orders, I'm sure it will require all firearms and magazines to be unloaded before removal from the range.

    Cheers
    Pete
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  3. #3
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    Quote Originally Posted by P38 View Post
    Macca

    The Arms Regulations require you to empty the magazine before transportation and storage.

    The Arms Regulations require these minimum standards when storing your firearm:
    Make sure both the chamber and the magazine are empty.

    The Arms code says you cannot drive a car on the road with a loaded firearm, this includes the magazine - it must be empty.

    It's also an offence under the arms act to carry a loaded firearm in a vehicle
    Carrying a firearm that is loaded (whether in its breech, barrel, chamber or magazine) in or on a motor vehicle on a road or in any place to which members of the public have a right of access.

    Also check you clubs range safety orders, I'm sure it will require all firearms and magazines to be unloaded before removal from the range.

    Cheers
    Pete
    Thank you for clarifying! Now that I think on it i understand the club rules requiring magazines to be unloaded. But on the magazines in car and storage I had thought that it was meaning bolt action rifles with internal magazines etc as they can't be removed, but I suppose it's better to be safe than sorry.

    Cheers

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    I was going to request this post to be deleted once I had an answer, but I suppose I'll leave it in the forums for the next person who Google's NZ laws regarding this.
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  5. #5
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    Also this:

    http://www.legislation.govt.nz/regul...html#DLM303642



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    Leave it up. I thought t was only during transit. Learn something new every day
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    I consider this topic to be a bit grey. And a sharp lawyer could have fun dealing with such cases.
    The definition of magazine is quite broad. A box which ammunition is bought in can be defined as a magazine. The ammunition store room at Stoney Batter is a magazine.
    Is it ok to store ammunition in a detachable firearm magazine if the firearm is not present?

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    You could load them with dummy rounds or snap caps but I would think if found it may be treated the same due to the perception of being loaded?
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  9. #9
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    NZTA states that it is forbidden in an attached magazine. Which is my reading of the intention of the law above, if not the wording.

    "Any firearm .. that is loaded with a bullet .. in its magazine"

    Stands to reason that if you have removed the magazine from the firearm, the firearm is no longer loaded.

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  10. #10
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    I thought it was only an offence under the Land Transport Act, and reading that only appears to be an offence to have the loaded magazines in the firearm, it's talking about loaded firearms not loaded magazines.

    There is nothing that I know of in legislation that states that you can't have loaded magazines in your home or car, providing that they're not attached to a firearm.
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  11. #11
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    Quote Originally Posted by Savage1 View Post
    I thought it was only an offence under the Land Transport Act, and reading that only appears to be an offence to have the loaded magazines in the firearm, it's talking about loaded firearms not loaded magazines.

    There is nothing that I know of in legislation that states that you can't have loaded magazines in your home or car, providing that they're not attached to a firearm.
    This is my understanding remembering the arms code isnt law its more like "best practice" from the police's point of view.

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    Quote Originally Posted by Savage1 View Post
    I thought it was only an offence under the Land Transport Act, and reading that only appears to be an offence to have the loaded magazines in the firearm, it's talking about loaded firearms not loaded magazines.

    There is nothing that I know of in legislation that states that you can't have loaded magazines in your home or car, providing that they're not attached to a firearm.
    This is correct. The key bit being 'is loaded with' which means it has to be attached.
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    Quote Originally Posted by 199p View Post
    This is my understanding remembering the arms code isnt law its more like "best practice" from the police's point of view.

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    The Arms Code is an easy to read summary of the Arms Act 1983 which is law. If you handed everyone a copy of the Arms Act I doubt many would read it through. It's pretty wordy.

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  14. #14
    Member Marty Henry's Avatar
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    Not everyone including the police read it. A few years ago I was stopped at a wof checkpoint with my sks on the back seat. Officer sees it and gets agro show license and its chamber is flagged but trys it on about me leaving the magazine attached took getting the sgt involved to calm him down.
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  15. #15
    ebf
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    Quote Originally Posted by bay_lad View Post
    The Arms Code is an easy to read summary of the Arms Act 1983 which is law. If you handed everyone a copy of the Arms Act I doubt many would read it through. It's pretty wordy.
    Not quite.

    The "Arms Code" is a police document, their version of how they would like the Act and Regulations to be understood

    It has no legal standing. What is interpreted in a court of law are acts and regulations...

    The NZ police have several times in the past used their document to try and enforce items that are simply not in the act or regulations.
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