Is an uncocked semi-automatic with ammo in the clip considered “loaded”? A semi-automatic must be racked, to put a round in the firing chamber, before it can be fired. Is there a legal definition of “loaded” that considers option 2 of the following states of loadedness as not being “loaded”? Empty Ammo in the clip, but not in the chamber (pulling the trigger would do nothing) A round in the chamber, safety on Ready to fire (safety off) Obviously option 2 is not relevant to a revolver, which only requires a trigger pull to bring the next round in front of the firing pin.
It depends on your jurisdiction. Check the applicable laws; there's probably a section named something like "definitions" that gives the meaning of terms such as "loaded". For example, from RCW 9.41.010 (the "Terms defined" section of the "Firearms and Dangerous Weapons" chapter of the Washington State laws): (17) "Loaded" means: (a) There is a cartridge in the chamber of the firearm; (b) Cartridges are in a clip that is locked in place in the firearm; (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; (d) There is a cartridge in the tube or magazine that is inserted in the action; or (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader. So in Washington State, any of your examples 2-4 would be considered "loaded" for the purposes of firearms-related crimes.
School administrators have the right to try to express the law in seemingly simpler language, but they do not have the right to enforce their misstatements of the law. The law of Louisiana does not refer to knives at all Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful... &quot;Dangerous weapon&quot; is defined so that it &quot;includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm&quot;. The law does not exhaustively list the things that count as firearms or dangerous weapons, so every individual is held responsible for knowing what the courts have held to constitute &quot;dangerous weapons&quot;. A novice interpretation (not relying on case law) might lead to the conclusion that a speargun is not a &quot;dangerous weapon&quot; (perhaps on the theory that it is used underwater to spear fish), but a reasonable interpretation of &quot;dangerous weapon&quot; suggests that it is a dangerous weapon because it can be used to kill a person. The same is true of a pencil, as well as a dog. You can turn to this article for an example of the dangerous weapon status of a dog, a propos Louisiana v. Michels, where defendant was &quot;armed with a dangerous weapon&quot;. That court recited previous case law to the effect that &quot;the dangerousness of the instrumentality because of its use is a factual question for the jury&quot; State v. Munoz, 575 So.2d 848, 850 RX 14:3 also states that The articles of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and to effect the objects of the law, all of its provisions shall be given a genuine construction, according to the fair import of their words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision which means that if faced with a novel application (dog, pencil, or speargun), the jury can decide based on &quot;context and purpose&quot;, not just narrow words. The article points to a law review article by a lawyer involved in the 1942 codification of Louisiana criminal law that &quot;the code was to be read as a civilian document, not a mere compilation of common law rules&quot;, thus the code is shorter and uses plain language. The article then reviews a number of previous rulings on the scope of &quot;dangerous weapon&quot;, starting with Louisiana v. Calvin where it was ruled that teeth and fists are not dangerous weapons, even though you can kill a person with your fists. It therefore turns out that a &quot;dangerous weapon&quot; must be an inanimate object, under Louisiana law. A knife can be found to be a dangerous weapon, as reported in this opinion (deportation dependent on a prior criminal conviction for felony aggravated battery, specifically referring to R.S. 14.2(3) and deeming a knife to be a dangerous weapon). Since that conviction is no being appealed at the state level, details of the knife-usage are omitted, so all we know is that a knife was used. Insofar as box cutters were the essential weapons that brought about the airplane hijackings on 9/11, it is not unreasonable to at least consider that they are within the scope of &quot;dangerous weapon&quot; (I would not, but that's a matter for the jury). A butter knife or especially a pencil cannot reasonably be deemed to be &quot;dangerous weapons&quot;. But there doesn't seem to be any case law specifically addressing these objects. If a pencil were actually used as a weapon, perhaps the jury might find that a pencil (so used) was a dangerous weapon. However, the question is about a law forbidding the mere possession of a dangerous weapon, eliminating how it was actually used from the calculation. It is extremely unlikely that I would get arrested for driving past a school with a screwdriver in my car.
ORS 166.220 suggests this would be illegal - specifically its &quot;unlawful use of a weapon&quot; if a person (emphasis mine): Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. So what's &quot;within range&quot;? With a homemade bow of unknown construction, draw weight, and unknown arrows I'd say it's pretty much going to be something you find out when an arrow goes that far. I wouldn't expect it to match the range of high-end bows and arrows (I've seen 40lb recurves cover ~250 yards) but 100 yards plus doesn't sound ridiculous - more if it's got some elevation to it. The point is you really don't want to find out the hard way when a shot goes astray giving your neighbours the old King Harold treatment.
I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution: No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030. This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling). RCW 9A.16.020 states the more classic law on justified use of force, saying The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:...(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary; Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person). RCW 9A.16.030 says that Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent. The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").
Assuming these are common law crimes (Kenya is a common law country - sort of) or statutory crimes that have codified common law crimes without substantially changing them. It is not attempted murder - this requires an intent to kill. Pulling the trigger would have that intent, pointing it doesn't. It is assault if it puts the victim in fear of immediate harm (pretty sure it would). There are probably some statutory firearms offences too.
Is it true that a teacher can't engage/attack a shooter from behind during a school shooting that is in progress? No. Any use of force of any kind that only harms or kills the shooter who is actively engaged in a school shooting (and indeed, even if it caused bodily injury that isn't grave or deadly to someone else who is innocent) is always justified. You can't shoot someone who is not an ongoing threat to others if they flee, in order to arrest or punish them (e.g. an unarmed shoplifter), but under the leading constitutional case, Tennessee v. Garner, this limitation doesn't apply to murderers and mass shooters anyway, at least if they continue to pose a future threat.
I can't see anything to say this is a state-wide ban. Do they have to give an opportunity to return unused fireworks for a refund? The ban imposed by Portland Fire and Rescue appears to relate to the use, not possession, of fireworks so I assume that the stores' / State's regular refund policies would apply. Due to unusually hot temperatures and dry conditions, PF&amp;R is announcing an immediate ban on the use of all legal and illegal fireworks...
It isn't clear that the example you give is illegal police action, but let's assume that it is for the sake of this question, since it doesn't affect the analysis. If possession is not compelled, then it is voluntary.