The other issue is that finding a gun in play is mostly is useful in terms of giving you options with respect to credibility tests. If you don't, narratively, have a gun it makes it less-than-credible to claim that you can shoot people - for instance.
I would personally consider "being out of ammo" to be something involved in the resolution of a contest: if the player with the gun tries to use the gun to solve a problem (e.g. by shooting it perhaps?) and fails then the gun may prove to be empty, or jammed, or broken.
The real key is "what is the gun doing with respect to the story?" not the guns technical capabilities.
-- John Machin "Nothing is more beautiful than to know the All." - Athanasius Kircher, 'The Great Art of Knowledge'.
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