Legal Muzzleloader transport question

Sticky · Oct 23, 2016

I did some searching here and elsewhere, but... I am looking for MD code or similar that discusses transportation of a muzzleloading rifle. I got in a debate with a co-hunter this weekend in regards to legal transportation and it is my understanding that DNR rules (the only 'code' I can find) allow that a muzzleloader with primer or priming device (cap, primer, flash powder, electronic, etc... ) removed, is not considered a loaded weapon. He argued that a charged rifle (powder and projectile) was considered 'loaded' and illegal to transport.

I only hunt with a smokepole a week or so out of the long deer season we have and in the case of a 3 day early buck season, I will load it and carry it back and forth to my hunting location unprimed. Is this legal?

I also prefer, if I don't 'shoot it', to bring it home after the 3 days of hunting and disassemble it to unload it, rather than discharge it... just cos it make cleanup easier, but, I want to be sure I am within the law to transport is as such (I unprime it when I return to my truck, as I know it is considered a loaded weapon in a vehicle if it's primed and in or against the vehicle).

I know there are some MD Code wizards here, am I wrong?

Uncle Duke · Oct 23, 2016

If you're wrong, then I am too. As far as I know, uncapped is considered unloaded.

outrider58 · Oct 23, 2016

My ML stays loaded all season. I pull the primer of course, but yeah, who the f**k bulls the bullet? Or better yet, who would make someone pull a bullet? If you shoot it out(after dark), you're a poacher.

Sticky · Oct 23, 2016

I know what DNR says, guess my question is really 'is there any other MD law' that says differently? DNR is clear, in that an unprimed ML is not considered 'loaded' and that's what I have always gone by..

Agreed, discharging after legal shooting hours does open one to possible prosecution... this was a morning hunt that ended around mid-day after we moved some stands and the other member of my party went ahead and discharged his before heading home. I say he wasted cleaning patches and time... LOL

My obvious concern would be being stopped by an LEO for some unrelated issue. My gun and hunting stuff is normally in the back seat of my pickup, my bed is presently uncovered, so I rarely put any gear back there. That said, I was stopped a couple of years ago on the way back from taking a ML kill at to my butcher. The officer saw my stuff (and me in full camo) and did ask if I had a weapon in the vehicle, I said 'Yes, I have been deer hunting, there is a muzzleloader in the case in the back seat'. He didn't ask any more, wrote me a speeding ticket (which I was found not guilty of) and was very courteous and efficient in his ticketing process.... :lol2:

jtb81100 · Oct 24, 2016

You are right, your friend is wrong

Inigoes · Oct 24, 2016

Muzzleloaders are considered unloaded if the ignition system is disabled by removal of the cap, primer, battery, or primer powder.

http://www.eregulations.com/maryland/hunting/muzzleloader-deer-hunting-regulations/

It's published in Black and white.

BTW, the unloaded transport law is in the Hunting portion of the laws.

Sticky · Oct 24, 2016

I am aware of the DNR regs, pretty well know them by heart, but it was more the question 'is there any other governing law' that would play into transporting in a vehicle. I suspect not, as DNR code is law.

rambling_one · Oct 24, 2016

According to DNR, you're fine. At all our Hunter Safety courses, it's pointed out that jurisdictions like PG "might" view things differently. FWIW, I always transported in the DNR mode. But that was just me.

Mark75H · Oct 24, 2016

There is nothing in any other part of COMAR about long gun transport of any type. The DNR regs are it.

lx1x · Oct 24, 2016

Charged (powder and bullet)

it only becomes loaded when caps/primer is loaded. (Ie.. ready to fire with just pulling the trigger).

What rambler said.. it also depends on municipality.

BeoBill · Oct 24, 2016

lx1x said:
Charged (powder and bullet)

it only becomes loaded when caps/primer is loaded. (Ie.. ready to fire with just pulling the trigger).

What rambler said.. it also depends on municipality.

If you catch any crap you can point out that without the "cap, primer, battery, or primer powder" the weapon CANNOT be made to fire and is thus suitable for transport.

Sticky · Oct 24, 2016

Thanks all, was pretty sure, but.. I hate being wrong about stuff like this... :lol2:

Boss · Oct 25, 2016

This is the only code I know of that speaks to transporting rifles while loaded.
MD Code, Natural Resources, Title 10, Subtile 4, 10-410.

"(c) Hunting from vehicles. --

(1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber."

You would need to see if there is any code referring to the legal definition of ammunition, and find out if powder and ball is considered "ammunition".

Other unrelated areas in the code seem to define ammunition as: "cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm."

§ 5-133.1. Restrictions on possession of ammunition.

(a) "Ammunition" defined. -- In this section, "ammunition" means a cartridge, shell, or any other device containing explosive or incendiary material designed and intended for use in a firearm.

I recently took the hunters safety course and have the hunting guide in front of me and can confirm that DNR considers black powder unloaded if the percussion cap is removed.

I personally would be comfortable transporting with the ball and powder in the barrel without the cap, based on what I found.
Im not a lawyer, just a guy digging through the code.

Legal Muzzleloader transport question

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