TRANSPORTING A LOADED FIREARM - ELEMENTS
No person may be convicted of transporting a loaded firearm unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Fourth, a [Specify Type of Firearm];
Fifth, with a (loaded clip/magazine)/(bullet/shell loaded in its chamber);
Sixth, in the interior/(locked exterior compartment)/trunk;
Seventh, of a motor vehicle;
Eighth, on a public highway/roadway.
Statutory Authority: 21 O.S. Supp. 2000, § 1289.13.
Notes on Use
It is not unlawful to transport a rifle or shotgun in the trunk of an automobile or an exterior locked compartment of a truck if there is not a round loaded in the chamber. 21 O.S. Supp. 2000, § 1289.13. Accordingly, the Fifth and Sixth Elements must specify where the firearm was located in the vehicle and whether the firearm had a bullet or shell loaded in its chamber.