Quite right, a loaded magazine does not equate to a loaded gun when said magazine is not in the gun. I recall there was a US case recently (relevant as case law, even in NZ) where police charged someone with carrying a loaded firearm on the basis of having a loaded mag next to an ammunition-free pistol. Judge dismissed the charge with reference to an English dictionary!
Still, does not look good having had a loaded mag ready to insert and having shot someone. Preferable to be up for having used the unloaded gun as a club - unless in deed one likes the thought of sitting in the sun under a giant magnifying glass... sshhzzzsplut.
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