Muzzleloader, what is consider loaded?

buoff

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I am looking at muzzleloader hunting in Ontario using the Tradition Nitrofire. End of the day I have to drive down a cottage road from a private property to my cottage. It came to mind what is consider a loaded firearm for a muzzleloader by the authorities.

With the Nitrofire you can remove the primer and the Federal Firestick quickly by opening the hinge action, but pushing the bullet out is a bit of work. You have to push it out the way it came in. It would be nice if I don't have to do it so the next day hunt would be to insert Firestick and primer and ready to go.

So I pose the question to Ontario MNR. Here is the reply. It is a bit of a long read.

In my situation, looks like I have to push the bullet out at end of hunting day to avoid any hassles from the authorities.

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Hello,

Thank you for your email.

When it comes to muzzleloaders, federal and provincial definitions for what constitutes a loaded firearm differ.

Under the provincial Fish and Wildlife Conservation Act, in the case of a percussion muzzleloader, if there’s a charge of powder and a projectile in the barrel and a percussion cap on the nipple, it’s considered to be loaded.

In the case of a muzzleloader which is not a percussion muzzleloader, if there’s a charge of powder and a projectile in the barrel and the vent is unplugged, it’s considered to be loaded.

Under the federal Firearms Act (Storage, Display, Transportation and Handling of Firearms by Individuals Regulations) a gun, including a muzzleloader, is considered to be unloaded if any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm.

Under the federal Storage, Display, Transportation and Handling of Firearms by Individuals Regulations Transportation of Non-restricted Firearms section, muzzleloaders must be stored and transported unloaded.

There are, however, some exceptions, including storage at a hunt camp in a remote wilderness setting, or while being transported from one hunting site to another. In the latter case, while the muzzleloader does not have to be unloaded, it must have the firing cap or flint removed. Note that this exception does not apply to transporting anywhere other than from one hunting site to another. For further information on the Firearms Act and its regulations you should contact your local police.

Muzzleloading hunters could be held to either federal Firearms Act or the provincial Fish and Wildlife Conservation Act at the discretion of the Conservation Officer. Similarly, hunters dealing with provincial police forces might be subject to either standard.

Therefore, the most prudent course of action is to unload projectile and powder from muzzleloader when storing them after hunts or during transport.

If you have further questions or concerns, please contact the Natural Resources Information and Support Centre at 1-800-387-7011 or visit Ontario.ca/hunting.

Thank you once again.

NRISC web reader - AH

*******************************************
Natural Resources Information and Support Centre
Ministry of Northern Development, Mines, Natural Resources and Forestry
300 Water Street
Peterborough, ON K9J 3C7
Tel: 1-800-667-1940 / 1-800-387-7011
TTY: 1-866-686-6072
NRISC@ontario.ca
 
Your answer is partially correct for hunting in Ontario. Federally it is not correct. Read the MNR reply in detail.
 
As long as there is no primer or flash powder in place it's unloaded. But check your local hunting regs to be sure.

x2
The last time we were stopped by Fish & Wildlife and had our muzzleloaders check the officer was only concerned if you had a primer loaded. No primer and you are good to go.
 
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Your answer is partially correct for hunting in Ontario. Federally it is not correct. Read the MNR reply in detail.

Your answer is the one that is partial correct, the question was about hunting...
There are, however, some exceptions, including storage at a hunt camp in a remote wilderness setting, or while being transported from one hunting site to another,” he explains. “In the latter case, while the muzzleloader does not have to be unloaded, it must have the firing cap or flint removed. Note that this exception does not apply to transporting anywhere other than from one hunting site to another.
 
Choosing to break the law yourself - operating on the assumption that the law is likely to go unenforced - is one thing, but making such a recommendation (to another) is even more irresponsible.

The Firearms Act is clear.

unloaded, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breech or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm. (non chargée)

<https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/page-1.html#h-1019904>

Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209)
<https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/index.html>
 
I am looking at muzzleloader hunting in Ontario using the Tradition Nitrofire. End of the day I have to drive down a cottage road from a private property to my cottage. It came to mind what is consider a loaded firearm for a muzzleloader by the authorities.

With the Nitrofire you can remove the primer and the Federal Firestick quickly by opening the hinge action, but pushing the bullet out is a bit of work. You have to push it out the way it came in. It would be nice if I don't have to do it so the next day hunt would be to insert Firestick and primer and ready to go.

So I pose the question to Ontario MNR. Here is the reply. It is a bit of a long read.

In my situation, looks like I have to push the bullet out at end of hunting day to avoid any hassles from the authorities.
The MNR provided you with an excellent detailed answer in my opinion, kudos to them.
Pretty clear what the law requires.
Transporting between hunting sites, remove primer.
Transporting from hunting site back to your cottage home, or from cottage to your hunting site, you're supposed have primer, Firestick and bullet removed.

Depending on how far it is and the route that has to be taken from your hunting site to the cottage, and if I knew for a fact I was going to be going hunting again the next day, I know how I would be transporting that nitrofire.
My risk assessment of the situation may vary from day to day depending on how my spidey senses were tingling :)
 
I pull primer, breach plug and triple 7 pellets from my CVA. Bullet stays in place all week. It may not meet the legal intent exactly, but I don’t believe I will be hassled. Technically however, I’d be in the wrong if going back and forth from home.
 
....
Transporting between hunting sites, remove primer.
Transporting from hunting site back to your cottage home, or from cottage to your hunting site, you're supposed have primer, Firestick and bullet removed.

...

^ This!!!

Now if your home is also a hunting site ... well then I envy you.
However, if you are living in a large metropolitan city and you get stopped and checked within city limits (and where no hunting is allowed) ..... you better have your propellant and bullet removed as well. If convicted this is a criminal record ....
 
Choosing to break the law yourself - operating on the assumption that the law is likely to go unenforced - is one thing, but making such a recommendation (to another) is even more irresponsible.

The Firearms Act is clear.



Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209)
<https://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/index.html>

I'm thinking that you are not entirely correct. Whole different game as far as BP 'frontstuffers'
A Flinter isn't even requiring a PAL to buy, sell or possess. So on some level, until it is primed with a cap or flint... I don't know if it's even considered a Firearm. Date of Manufactor might even exclude it from the firearms classification. Our laws on this are clear as mud of course.
 
I'm thinking that you are not entirely correct. Whole different game as far as BP 'frontstuffers'. A Flinter isn't even requiring a PAL to buy, sell or possess. So on some level, until it is primed with a cap or flint... I don't know if it's even considered a Firearm. Date of Manufactor might even exclude it from the firearms classification. Our laws on this are clear as mud of course.

Have you not heard anything about R. v. Dunn?

SUPREME COURT OF CANADA RULES THAT AIR GUNS ARE “FIREARMS”
<https://nfa.ca/2014/11/13/supreme-court-of-canada-rules-that-air-guns-are-firearms/>

R. v. Dunn, 2014 SCC 69, [2014] 3 S.C.R. 490
<https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14429/index.do>
 
A serious point to ponder is that this is certainly not the time in history to have any kind of firearms charge attached to your name.
As innocuous as it may seem to not remove the slug from a front stuffer when required, the charge could be having a loaded firearm in a vehicle.
That could easily be used to revoke or refuse to renew a persons firearms license. That would be life altering indeed.
 
Take the primer out and don't worry about it.

That’s all that’s required by a CO if stopped and heading back to the hunt camp or home when you live in the country or small town in a hunting area.

Might be different in downtown Toronto but who is going to be stopped and firearms checked there?

Yes, if you ask the MNR in Peterborough they will give you the whole provincial and federal reply but if you want the answer that’s going to affect you ask the local CO as they are the ones that you’ll have to answer to.
 
It is up to the discretion of the CO. If he had a bad day, then you are SOL.

It is the OPP or RCMP you have to worry about. They are not as lenient when it comes to firearm law.

Assess the risk. Can you live with the negative outcome.
 
It is up to the discretion of the CO. If he had a bad day, then you are SOL.

It is the OPP or RCMP you have to worry about. They are not as lenient when it comes to firearm law.

Assess the risk. Can you live with the negative outcome.

Negative outcome being a criminal record and loosing your PAL .... and maybe more ....

Some of us get a criminal background check every month at work ...
 
I'm thinking that you are not entirely correct. Whole different game as far as BP 'frontstuffers'
A Flinter isn't even requiring a PAL to buy, sell or possess. So on some level, until it is primed with a cap or flint... I don't know if it's even considered a Firearm. Date of Manufactor might even exclude it from the firearms classification. Our laws on this are clear as mud of course.

They are not considered a firearm until you break a rule with one, then they are most definitely considered firearms
 
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