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Thread: Legal Question Regarding Transporting Loaded Magazine Whilst In Vehicle ? ?

  1. #1

    Legal Question Regarding Transporting Loaded Magazine Whilst In Vehicle ? ?

    Hi Folks, Just a legal question that came up whilst shooting the other evening.

    Are you commiting an offence by transporting a loaded magazine, obviously detached and seperate from the rifle, when transporting cased rifles by vehicle between shoots or in a secured gunslip on foot whilst on public roads or footpaths ?

    I didn't think this was breaking the law, but my friend who's usually well genned up on shooting matters had been advised that it was.

    Best Regards

  2. #2
    Your friend is wrong on this occasion. If you think about it what difference does it make if the rounds that you will be using are contained in a box or a magazine.
    It's the calibre of the shooter that counts not the calibre of the rifle.

  3. #3
    The firearms act doesn't differentiate, if you have a rifle and suitable ammo with you it doesn't matter whether there is one in the spout or not.

    You can leave the house with loaded magazines. I've crossed public roads with one up the spout and the safety on.

    Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

  4. #4
    This one keeps popping up.

    But,
    if you had a Ruger no1, would it then be illegal to carry 'loose rounds' as it's a single shot rifle ? No.

    It is illegal to have a 'loaded shotgun or airgun' in a public place blah blah blah, but the law doesn't differentiate between 'loaded' or 'not' with sec 1. You need to have legal authority and good reason, if you have ammunition suitable for the rifle, wether that be in your pocket, a bag, a box, or a mag.
    So, my take on it, it don't matter one jot, if your bullets are in a box, pocket or 'bombed up' in a mag. You still need good reason and legal authority either way


    Pete
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  5. #5
    Thank you for the information. It goes without saying that we would have good reason and legal authority. I was just concerned, as it would be one of those innocent technicalities that could potentially get you into unnecessary trouble, if you were ever stopped by the police on a routine check whilst out foxing.
    Last edited by lincolnjefferies; 29-03-2014 at 16:42.

  6. #6
    http://www.thestalkingdirectory.co.u...oaded+magazine

    Here's a thread from the past with 50 odd posts on a similar subject for some light reading.

  7. #7
    As Apache says, for S1 firearms in public places there's no differentiation under the Firearms Act between rifle ready-to-fire and rifle and ammuntion carried separately.

    Further, I'm not aware of any circumstance in which a loaded magazine which is carried, but is not fitted to its firearm (incl. airgun) makes any difference to the status of that firearm.

  8. #8
    This question crops up from time to time.

    I have looked and cannot find the exact case law. In the recesses of my fast fading memory there was a case in the North of the country moving from one shooting location to another with loaded rifles in a vehicle. Loaded in my world also means magazine fitted but not made ready. This may have been subject to an appeal and a judge made comment about loaded magazines. If you are stopped by a Police officer they will probably look for evidence that supports crime being committed. They have a power of arrest on suspicion of an offence.
    In our shooting world a magazine is just a box for carrying the rounds of ammunition but with criminal use of firearms a loaded magazine demonstrates a preparation to use the firearm. If you are unsure don't do it. Choice is yours!

  9. #9
    Quote Originally Posted by Dalua View Post
    As Apache says, for S1 firearms in public places there's no differentiation under the Firearms Act between rifle ready-to-fire and rifle and ammuntion carried separately.

    Further, I'm not aware of any circumstance in which a loaded magazine which is carried, but is not fitted to its firearm (incl. airgun) makes any difference to the status of that firearm.
    I thought the exception was Air Rifles, loaded mag = a loaded gun, mag fitted or not ?

    Neil.

  10. #10
    22.16 Section 57(6) of the 1968 Act includes a definition of “loaded” in relation to shotguns
    and air weapons. An air weapon is to be treated as loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun or weapon.
    183 Guide on Firearms Licensing Law
    Sako TRG-42 folder .338LM🔫 Sako TRG-22 .308/.260🔫 Tikka 595 .222(NV'd up) 🔫 AR15 .223/300BLK 🔫Franchi 12g 520 9shot🔫Baikal .410 stealth🔫Ruger #1.243

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