Thread: Safe transportation - legal requirements?

Thank Gundoc Seems more than reasonable. Is there any more clarity on the exact rules about being away from firearms, like going into a petrol station to pay?

Thanks for putting that right, all magazines empty, in or out of gun. In the transport act it is then.

"Firearms (guns)

You must not carry a firearm in your vehicle unless you hold a firearm licence. You must never carry a loaded firearm in a vehicle. (This also means you must not carry ammunition in the chamber or attached magazine of the gun.)"

https://nzta.govt.nz/resources/roadc...sible-driving/

There is no law against loaded magazines in a vehicle provided that the magazines aren't attached to the firearm.

Land Transport (Road User) Rule 2004 (SR 2004/427) (as at 01 October 2018) 7.21 Loaded firearms – New Zealand Legislation

It actually does not define differences between loaded magazine FITTED TO or SEPARATE to the Firearm.

Loaded firearms
(1)
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.

The act was probably designed prior to detachable magazines becoming common place in NZ

Originally Posted by Preacher

It actually does not define differences between loaded magazine FITTED TO or SEPARATE to the Firearm.

Loaded firearms
(1)
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.

Bullets in a separate (non-inserted) magazine does not make a gun "loaded".

No, you are correct it does not @Cordite.

Hence my edit.
P.s it sucks trying to use my phone to type more than a sentence.

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.

The wording may be daft or out of date, but it is the law and I don’t think now is the time that I want to test it.

How about one of you guys load up a mag put it in your car and get the police to check your car and let us know what happens

Again though.

"That is loaded with a bullet, cartridge, missile, or projectile whether in its breech, barrel, chamber, or magazine

It does not differentiate if that magazine is fitted to its proper place or not.

Thus the gray definition

Originally Posted by Preacher

Again though.

"That is loaded with a bullet, cartridge, missile, or projectile whether in its breech, barrel, chamber, or magazine

It does not differentiate if that magazine is fitted to its proper place or not.

Thus the gray definition

It DOES differentiate, in that if the magazine is not fitted the gun is not loaded.

Please explain to us how a gun with a detachable magazine can be a loaded gun if the magazine is not fitted.

Lets just skip the irrelevant wording and try this...

Which is loaded with a bullet in its magazine. It does not state the rifle is loaded, only the magazine.

It also does not state location of magazine.