My question is to do with a revolver. I have read and heard 2 different interpretations of an unloaded revolver. If I have a 5 shot revolver and leave the position empty (4 shot) where the hammer will strike when the action is worked would this be considered an "unloaded" revolver? I ask because I read on a forum that I would need to turn a 5 shot revolver into a 3 shot revolver because I should remove the round directly in front of the un-cocked hammer and the next round in line on the wheel. Thoughts are greatly appreciated.
Welcome.
I'll plagiarize shamelessly from a couple of my recent posts over on utahconcealedcarry.com to answer your question with more detail than you probably wanted:
Let's start with the code, which is at
76-10-502. Ignoring black powder firearms, here is the relevant portion:
76-10-502. When weapon deemed loaded.
(1) For the purpose of this chapter, any pistol, revolver, shotgun, rifle, or other weapon described in this part shall be deemed to be loaded when there is an unexpended cartridge, shell, or projectile in the firing position.
(2) Pistols and revolvers shall also be deemed to be loaded when an unexpended cartridge, shell, or projectile is in a position whereby the manual operation of any mechanism once would cause the unexpended cartridge, shell, or projectile to be fired.
(3)...
Ok. Usual caveats. I'm not a lawyer, I don't go to jail if any of this is wrong and you act on it, etc. My best understanding and application of this code is as follows:
So, under (1) if a round is "in the firing position" the firearm is loaded. A round under the hammer is in firing position, even if that round cannot be fired via the normal means. Even though cocking the gun would rotate the cylinder and cause this round not to fire, at the moment, the round is in firing position. The gun is loaded. I expect this goes back to the days of non-drop-safe firearms where a revolver with a live round under the hammer was an ND hazard if the gun were dropped.
Now, look at (2). Where does a round need to be to be fired through "the manual operation of any mechanism once"? Put another way, can
ANY round be fired through the manual operation of any mechanism once?
DA Uncocked: If the gun is a DA and uncocked, then pulling the trigger will rotate the cylinder one chamber, cock the hammer, and then drop the hammer on the cylinder that just rotated into position. This will cause a round to fire if the round is in the next up chamber.
DA Cocked: If the gun is a DA and is cocked, then pulling the trigger will cause the hammer to fall onto the chamber under hammer. The next chamber will not fired by pulling the trigger once.
SA Uncocked: If the gun is an SA, but uncocked, then pulling the trigger has no effect. No round will be fired.
SA Cocked: If the gun is an SA and it is cocked, then pulling the trigger causes the hammer to fall on the chamber already under the hammer causing it to fire. But this case is covered by (1).
Simply put then, an SA revolver must have one chamber empty to be "Utah unloaded": The chamber under the hammer.
A DA needs either one or two chambers empty to be "Utah unloaded": If cocked, just the chamber under the hammer. If not cocked, both the chamber under the hammer and the next chamber up.
There is an exception. Some revolvers like the NAA mini-revolvers (and others than WalkingWolf has reminded us about), have a notch between chambers into which the hammer can be parked. In this position, there is no round in firing position since the cylinder is halfway between two chambers. So we are covered under (1) for not being loaded. Assuming the revolving is a SA (as the NAA mini-revolvers are), pulling the trigger with the hammer down in this parked position has no effect. So there is no single mechanism that will cause any other round to fire and we are covered under (2) as well. Such a gun can be carried with all chambers loaded and still be considered "Utah Unloaded" as long as the hammer is resting in the safety slot between chambers.
Also, if carrying sans permit, be aware of locations where you cannot (generally) legally possess a gun even if it is unloaded.
Under State law, this includes all schools and school grounds K-12, plus post secondary (ie college campuses). It also includes day care centers, including the room where the day care is located if situated in a private residence.
Under federal law, guns are (generally) banned in all K-12 schools, as well as on the grounds, and for a distance of 1000 feet out from the edge of the school grounds, as the crow flies, without regard to how far one would actually have to travel to get to the school grounds. While this law is rarely enforced in the absence of a "real" crime, it is on the books and you should be aware of it and make an informed opinion as to the risks.
In urban areas of Utah it can be difficult to map out a course where one can travel on foot without crossing the 1000 foot exclusion zone created by the federal gun free school zone law. In rural Utah towns, the three schools (grammar, middle, high) might well make the entire city off limits to permit free carry.
Again, I'm not a lawyer, this is not legal advice, and so on and so forth.
Charles
