Definition of Loaded Firearm in California

The term "loaded" for purposes of Health and Safety Code section 11370.1 is not defined by statute. Its meaning was examined in People v. Clark (1996) 45 Cal.App.4th 1147. The single-shot shotgun at issue in Clark had no shell in the firing chamber, but shells were found "in a covered storage compartment in the rear of the shotgun's stock." (Id. at p. 1152.) "A shell would have to be removed from the compartment and placed by hand in the chamber before the shotgun could be fired." (Ibid.) In that case, the People urged the court to adopt the definition of "loaded" contained in Penal Code former section 12031, subdivision (g): "A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm . . . ." The People argued in Clark that, because the shotgun shells were "attached" to the shotgun, the shotgun was loaded for purposes of Health and Safety Code section 11370.1. (Clark, at p. 1152.) The court rejected this argument, first declining to import the definition in Penal Code former section 12031, subdivision (g) because, "in general, the language of a statute is to be given 'its usual, ordinary import.' " (Clark, supra, 45 Cal.App.4th at p. 1153.) "Under the commonly understood meaning of the term 'loaded,' a firearm is 'loaded' when a shell or cartridge has been placed into a position from which it can be fired; the shotgun is not 'loaded' if the shell or cartridge is stored elsewhere and not yet placed in a firing position. The shells here were placed in a separate storage compartment of the shotgun and were not yet 'loaded' as the term is commonly understood." (Ibid.) But even if the definition contained in Penal Code former section 12031, subdivision (g), did apply to Health and Safety Code section 11370.1, it would not change the outcome because the court declined to construe the phrase "attached in any manner to" as broadly as the People sought. (Clark, at pp. 1153-1154.) Instead, the court found the Legislature intended the definition to reflect the common meaning of the term "loaded," as indicated by the statute's provision of "some examples of how a shell would be 'attached' to a firearm so that the firearm is loaded, i.e., in the firing chamber, magazine or clip; situations in which the firearm would be 'loaded' in the usual meaning of the word, i.e., the shell is placed in a position from which it can be fired." (Id. at p. 1154.)