Thread: Safe transportation - legal requirements?

Unfortunately we are not talking about common sense definition though.

The legal wording states, whether in its breech, barrel, chamber, or magazine.

Could for arguments sakes the loading of a separate magazine still fall under that vague legal definition. I for one don't think the 15 second loading of my 5 shot rifle is worth the hassle.

Originally Posted by Preacher

Unfortunately we are not talking about common sense definition though.

The legal wording states, whether in its breech, barrel, chamber, or magazine.

Could for arguments sakes the loading of a separate magazine still fall under that vague legal definition. I for one don't think the 15 second loading of my 5 shot rifle is worth the hassle.

The legal wording states that:

A driver must not operate a motor vehicle on or in which is carried any firearm, airgun, or restricted weapon (as defined in section 2 of the Arms Act 1983) that is loaded with a bullet, cartridge, missile, or projectile, whether in its breech, barrel, chamber, or magazine.

If the magazine is not in the gun, the gun is not loaded.

Obviously it's different for a non-removable magazine like a tube magazine, but if a detachable magazine, even if it has rounds in it, is out of the gun, the gun is unloaded.

Originally Posted by Preacher

Unfortunately we are not talking about common sense definition though.

The legal wording states, whether in its breech, barrel, chamber, or magazine.

Could for arguments sakes the loading of a separate magazine still fall under that vague legal definition. I for one don't think the 15 second loading of my 5 shot rifle is worth the hassle.

I believe it has been tested in the USA, similar laws, the dictionary had its moment of fame and sorted the case. It is not loaded if mag is out, even right next to it and ready to be inserted.

A NZ lawyer is free to quote cases from anywhere as long as they have a bearing. A judge hearing about such a precedent case will reach for his or her NZ dictionary in the hope of an early lunch.