Loaded or unloaded, is there a difference?

[Kalicokitty]

I know many people frown on guns at the grow, and that's fine, I think it's a personal decision each grower must make.

My question is this.
I see a lot of reports of raids where they say they found X amount of loaded guns.
Now does having the guns unloaded make any difference in the eyes of the law in the event of a raid for growing?
I asking because I'm curious if the penalties are less if they found an unloaded gun with a loaded clip next to it, as versus one with the loaded clip already in it.

Anyone have any expierence or thoughts on the matter?

 

[Dr Dog]

Well I think in teh eyes of a bust

You have x amount of weed.
You have x amount of cash in teh place
you have x amount of weapons, loaded or not, it looks bad

Now if you had them legally, and locked ina cabinet somewhere, I am sure that would look better

 

[Kalicokitty]

I hear u Doc dog, but locked in a cabinet makes a rapid response to a situation kind of difficult I would think.
I'm talking about a legally owned gun, unloaded in say, a drawer, with the loaded clip somewhere near by and easily accessible.

 

[Dr Dog]

I think they would look at having an accessible gun in your grow about the same as having booby traps... They take that stuff personally...

Regardless of you having a legal gun, if you are using it as protection for an illegal activity. That would make the penalty more severe

Robbery here without a weapon, 1 to ? years
Robbery here with a gun? 10 year min... just an example..

 

[AmishFarmer]

In my state, at least,the law is that if you commit a felony,i.e. growing,and are in possesion of a firearm it is an automatic 5 years in prison in addition to the sentence for the original crime.Now the question is,what is "possesion".Does that mean in your house,near you, or what.It does not matter if it is a legal firearm or not.If you rob a bank with a registered firearm you still get 5 years for the firearm plus x years for bank robbery.I no longer keep my firearms in my house.I have tazers,pepper spray and a crossbow instead.

 

[NiteTiger]

For statutory purposes, there is no difference between a loaded or unloaded gun when you're committing a felony with it.

 

[Kalicokitty]

Wonder how they would look at that crossbow?
Just as deadly as a gun IMO.

 

[AmishFarmer]

The crossbow is a deadly as a firearm at close range,that is why I have it.The law clearly states "firearms" and that in no way applies to a bow of any sort.

 

[NiteTiger]

Wonder how they would look at that crossbow?
Just as deadly as a gun IMO.

Answered your own question there

Doesn't get any better with a sword, either

Weapon is a weapon is a weapon, y'know?

Read great advice here the other day:

Only break one law at a time.

In this case, since possession of any weapon during the commission of a felony is a separate charge (at least in my state), choose one

 

[OrganicMonkey]

What are you going to do with a gun to someone breaking in, that isn't going to bring cops to your place? Unless you have a sound suppressor, your likely to not get away with it. Plus they leave remnants when you shoot them, hard to scrub.

If you have weapons and want to grow, get some gun hiding storage equipment. They sell tubes and stuff out of paranoia magazines, so you can hide a rifle in the bottom of a lake. You can keep a piece under the ground, maybe under a bridge or a river, what ever is around.

I like the idea of burying things in the ground, guns, cash, drugs, people. It stays cool enough, that as long as it is dry I bet you can keep seeds viable for a good five years maybe ten but with lower germ rates. Spores last for ever underground if stored airtight, good to have things if you ever get out of prison. Wouldn't be bad finding that $20,000 or more and a kilo of hash that can also be cash.

It seems more of a civil duty, to have weapons buried around then in the house. I'd rather have the equipment to press ammo too, making smokeless powder seems pretty difficult.

I am sure the cops will call the weapon loaded, if ammo was very close and especially if it's in a clip. All they have to do is load it and say, yep it's loaded.

 

[daves4usc]

I live in one of two states where its still legal to pop a cap in someone who brakes in. No repercussions what so ever. I just need them to legalize ganja and Ill be straight hehe

 

[TexasToker]

What is the point of keeping an unloaded gun for safety? Regardless if you grow or not. If you have a gun for safety you should be willing to use it, and it should be loaded IMO. Then again...I am in Texas.

Now, of course a disclaimer about kids should be said...but is it needed?

I had my first real gun at 8 (a 410 / 22LR combo, before that a BB gun at 5. I was taught how to treat a gun, loaded or not as the same.

 

[jescowhite]

my bro that had guns got 5 years. I got probation in the same case. Night and day difference in the outcomes. Doesn't matter if they are loaded or unloaded.

 

[biteme]

no offence mr. nitetiger, but the federal law mandates that possession of a firearm in the commission of a drug felony is an automatic additional 5 years. other weapons will merit no additional time, guns only.

however, on this same subject, how many of you had bb or pellet guns when kids and have you seen the recent creations? you may now buy an air rifle in the same caliber as any firearm, this pellet is far more powerful and faster than the bullet and these weapons come in repeater status; ie, one may shoot up to 10 high powered rounds without reloading, the same as a firearm.

this technology is just coming into its own and the feds are dead silent about it. in many respects it will make gun laws obsolete cause anyone can buy and use an air rifle, felony convictions or not.
and why buy a firearm if you can own an air rifle that is more powerful and quieter? peace-biteme

 

[Kalicokitty]

I hear what you guys are saying, but I also can't help but think of the many cases where having a gun saved the grower in the case of a home invasion, most recently this case
http://www.icmag.com/ic/showthread.php?t=164635

If he didn't have a gun he would be dead, and I certainly wouldn't want to face down 3 guys with shotguns with a sword or crossbow.

You should not lose the right to protect yourself and your home just because you grow your own medicine basically.

 

[SOTF420]

It all depends on your state, and how bad the arresting officer wants to bust your balls. You can be charged with many things if arrested but that doesnt mean it will all stick, most people make a plea bargain in such cases and it's easier for them when you have 2 felonies hanging over your head instead of just one. Fear is a very strong psychological weapon.

Normally for proving the enhancement charge the gun would have to be used in the commission of the said felony, and accessible to you during such. I believe they call it "constructive possession". Hard to prove if you have a locked up unloaded hunting rifle in the garage in a locked safe. But then again, if that is how you plan to keep it the gun won't do you any good when the bad guys come. It's pretty much one of those all in or all out situations. Keep the .45 under your pillow cocked and locked or just don't have one at your house whatsoever. In a perfect world everyone could grow their own pot and chill the fuck out so there would be no need for guns. I like guns, but guns kill easier than anything else and life is very precious.

 

[WestCoast4Life]

http://www.youtube.com/watch?v=O0B_UZNtEk4

 

[OrganicMonkey]

That was a Medical MJ patient, a big difference compared to a state that will only increase drug penalties. Probably more legal to have an antique artillery piece, keep that baby loaded.

 

[Kalicokitty]

That was a Medical MJ patient, a big difference compared to a state that will only increase drug penalties. Probably more legal to have an antique artillery piece, keep that baby loaded.

A guy coming to rob you doesn't give a shit if your a Med grower or commercial, the example was to show how having a gun at the grow saved his life.

Looks like the consensus is that loaded or unloaded, your still going to hang for it if you get busted.

 

[SOTF420]

If you are doing anything other than a private personal legal medical grow, I would say keep the guns in storage away from the grow or at a relative/good friends house locked up in a secure gun safe. Or, know that you most likely will be fucked if you get busted.