New York’s Definition of “Loaded” Firearm
While it may seem somewhat counterintuitive, a “loaded” firearm is not a loaded firearm according to New York’s Penal Law. In common parlance, when one speaks of a loaded firearm, one thinks of a gun with bullets actually in it, such that the wielder need do nothing more than prep the gun by cocking the hammer and squeeze the trigger in order to fire.
![new york s definition of loaded firearm](/static/2010/12/new-york-s-definition-of-loaded-firearm.jpg)
The common-sense explanation notwithstanding, Article 265 of the New York Penal Law defines a loaded firearm as follows:
“Loaded firearm” means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.
Thus, in People v. Tillery, 60 A.D.3d 1203 (3d Dep’t 2009), the defendant’s criminal possession of a weapon charge was upheld where the police arrested defendant with an “un”-loaded shotgun in his vehicle, but five shells in his pocket. The moral of the story is that when it comes to gun and weapons-possessions cases in general, the law may not seem to comport with common-sense definitions. If you have been arrested for or charged with a weapons possession offense, you need to consult withcompetent criminal defense attorneys with knowledge of the New York Penal Law and its nuances.