When is a Muzzle Loading Gun Considered Unloaded?

tactical870 said:
. Not loaded anymore ;) By the way from the ontario hunting regulations (pg 21 definitions) it must have powder, projectile and cap/primer to be considered loaded.
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That is still apples and oranges; the hunting regulations govern you while you are hunting but the firearms act and criminal code govern you once back on the highway and while at home.

cheers mooncoon
 
Yes there are 2 different statutes involved here. Provincial hunting and federal criminal.

As for criminal, the legal definition of unloaded is pretty clear. I will post it later when I get more time.

Transport with charge and no primer is ok. Storage is not. IMO.
 
Waterfowler said:
Yes there are 2 different statutes involved here. Provincial hunting and federal criminal.

As for criminal, the legal definition of unloaded is pretty clear. I will post it later when I get more time.

Transport with charge and no primer is ok. Storage is not. IMO.
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I would imagine this is the case, as per the FA...that's why my ML (with powder and projectile) stays in the trunk of the car for deer season...always in transport. :D
 
when does leaving it in your trunk cease to be transport and become storage? Or does it ever? Is there a time limit?
If you car is stolen at three in the morn and you are in bed, is the gun in storage or transport?
 
BC reg re: ML

Years ago I had the BC reg as published in the hunting reg synopsis to read:

"A muzzleloader containing powder and shot in the barrel but unprimed, (i.e. no powder in the pan of a flintlock or no cap in (sic) the nipple of a percussion lock) is not considered a loaded firearm under the criminal code (Canada)."

Note the error as indicated above; their doing, not mine.

Also note the reference to the Criminal Code of Canada and no reference to highway travel as an exception.

It can be argued that a flinter can still fire with no powder in the pan (we've all done it) but if you are not smart enough to use a frizzen cover, so be it.
We don't want to give the bureaucrats any more information than they can handle. They might decide that you need a nipple cover as well in the event that a cigarette ash drop there .....

I have recently made a couple of BC Conservation Officers aware of the fact that I occasionally carry a 'paper Sharps' with a round up the spout but no cap on the nipple.
They told me that they regard this as covered under the same reg.
 
beefman said:
I would imagine this is the case, as per the FA...that's why my ML (with powder and projectile) stays in the trunk of the car for deer season...always in transport. :D
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Yes, you are correct it is the FA.

As far as "always in transport", the interpretation of that, especially while the vehicle is parked in your driveway, is very unclear.
 
Lots of mechanical problems occur with these old antiques. To go shooting and no discharge due to faulty mainspring, hammer at cylinder etc. etc., means it will have powder and lead until problem figured out/repaired at later time/date.
That's life.
 
Waterfowler said:
Yes, you are correct it is the FA.

As far as "always in transport", the interpretation of that, especially while the vehicle is parked in your driveway, is very unclear.
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Yep
unclear enough to not get yourself charged with improper storage/transportation.
 
When is a muzzle loader considered loaded

Straight from the Criminal Code of Canada.

"A muzzle loader containing powder and shot in the barrel but unprimed (ie:no powder in the pan or no cap in the nipple of a precussion lock) is not considered a loaded firearm under the Criminal Code of Canada."

That is the fact for all of Canada.
 
kootenai said:
Straight from the Criminal Code of Canada.

"A muzzle loader containing powder and shot in the barrel but unprimed (ie:no powder in the pan or no cap in the nipple of a precussion lock) is not considered a loaded firearm under the Criminal Code of Canada."

That is the fact for all of Canada.
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could you give us the section for that quote please

cheers mooncoon
 
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