Modernizing Muzzleloader Definitions

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Summary

 

Introduction

Muzzleloading firearms have long been permitted as a method of take among deer hunters in most states, with many states offering special seasons solely for the use of muzzleloaders. This historically significant method of take harkens back to the original firearms used in North America, and represent a safe, yet challenging opportunity for sportsmen and women. Likewise, historic limitations on the effective range of muzzleloading rifles have made them popular in states with limited opportunities for modern firearm hunters due to population size or topographical challenges. While these methods of take remain popular among many hunters, variations in the legal and regulatory definition of muzzleloaders, accompanied by improvements in muzzleloader technologies, have resulted in a call for muzzleloader definitions to be reviewed and, in many cases, modernized to accept these improved technologies.

Issue

Muzzleloader definitions for hunting use varies by state. Where some states like Pennsylvania have special seasons that limit hunters outright to primitive technologies like flintlocks, others have more liberal definitions that allow hunters to take advantage of modern, inline muzzleloaders, pelletized black powder substitutes, high-powered optics, and similar advancements that improve the ease and effectiveness of muzzleloaders to levels that nearly rival many modern centerfire rifles.

While there remains variation in muzzleloader authorizations by state, the growing popularity of modern muzzleloading technologies warrants discussion. As such, many states have evaluated and, when necessary, already updated their regulatory definitions to allow these advancements, such as Federal Premium Ammunition’s FireStick to be utilized during muzzleloader deer hunting seasons.

Often, these changes involve simple updates to the definitions of a muzzleloader. Historically, most definitions require that both the propellent (black powder or both loose and pelletized black powder substitute) and projectile (ball or bullet) be loaded from the muzzle-end of the firearm. However, updates that allow common technologies such as telescopic optics and inline muzzleloaders have been necessary due to outdated regulatory language that was not necessarily designed to limit the use of these advancements but was written prior to their availability. Still, these updates are not without controversy as those who appreciate the historical, sometimes primitive nature of muzzleloader hunting have concerns that such updates come at the expense of the traditional nature of the pursuit. However, it is important to note that these changes almost universally preserve the opportunity to utilize traditional muzzleloaders while providing hunters with more choices which, in turn, better allows them to decide on the platform that best suits their outdoor objectives.

Points of Interest

  • While most states provide opportunities for hunters to use muzzleloaders, each state is unique in the regulations and restrictions that govern their use.
  • While the Gun Control Act of 1968 (18 U.S. Code § 921) does not include traditional muzzleloaders in the federal definition of a firearm, muzzleloaders are included in the list of items subject to the Pittman-Robertson excise tax under a broader classification of firearms used for sporting purposes (26 U.S. Code § 4181) and thereby directly contribute to the American System of Conservation Funding.
  • Pennsylvania currently offers both a muzzleloader and a flintlock-only muzzleloading season for deer hunters.
  • Colorado, like many other states, allowed the use of modern, inline muzzleloaders in the early 21st Century but prohibits the use of pelletized black powder substitutes, sabots, and telescopic sights on muzzleloaders.
  • According to Federal Premium Ammunition, 27 states currently allow the use of the new FireStick technology. In these states, only the projectile is required to be loaded from the muzzle for a firearm to be considered a muzzleloader, while the powder charge and ignition primer are loaded via a cartridge inserted through the breech.

Language

While language included in current muzzleloader statutes and regulations varies, those that allow FireStick technologies are consistent in their requirement that only the projectile be loaded via the muzzle of the firearm.

  • Wisconsin: “‘Muzzle-loading firearm’ or ‘muzzleloader’ means a firearm that shoots a projectile loaded exclusively from the muzzle.”

 

Moving Forward

Now considered to be a “traditional method of take” in many states, muzzleloader hunting seasons provide hunters with increased opportunities to venture afield while retaining many or historical intricacies, particularly when compared to modern firearms, that many sportsmen and women enjoy. While improvements in muzzleloader technologies have increased rapidly in recent years, the mechanisms that comprise their operation have resulted in novel opportunities, particularly among those new to the sport. As states explore opportunities to update their muzzleloader regulations, a hard look at these advancements that have improved the reliability and safety of muzzleloader use while retaining the efficacy of the platform is needed to ensure that hunters have access to the full suite of options available and can decide on the platform that best suits their outdoor objectives. Given the consistency, ease of use, and improved safety measures associated with this technology, states that are interested in allowing its use should explore regulatory or statute changes that follow this approach.

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