Loaded Firearm or not?

[spcamno]

Tried searching the forum without any luck.

Can someone give me a definite if you remove the primer, percussion cap or flint but have charge and bullet in the barrel will the CO still consider the Firearm is loaded?

I awared about the article back in 2014 here:

https://www.oodmag.com/hunting/must-...oader-hunters/


But say if you are finished your day hunting and leaving your stand after legal hours how can you possible walk out the bush without go through all the trouble to deactivate the charger and clear the barrel?

How you guys overcome this in terms of doing it safely while comply with the law?

Thank you

[MikePal]

From the Firearms Act:

Def; 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.

So in regard to ML...removing the primer does not make the ML unloaded....the projectile has to be removed.

So, the letter of the law is: you have to discharge prior to last light or remove the projectile without firing the ML before you encase it.

I'm not aware of the law ever been tested in the court of law....I'm hoping common sense would prevail.

[G Skinner]

Page 86 in the Ontario Hunting Regs says other wise :
MUZZLE-LOADING GUN :
A gun that is loaded through the muzzle . A percussion muzzle-loading gun is considered to be loaded if there is a charge of powder and a projectile in the barrel and a percussion cap on the nipple .
Glen

[rick_iles]

From the Firearms Act:

So in regard to ML...removing the primer does not make the ML unloaded....the projectile has to be removed.

So, the letter of the law is: you have to discharge prior to last light or remove the projectile without firing the ML before you encase it.

I'm not aware of the law ever been tested in the court of law....I'm hoping common sense would prevail.

This concerns loaded firearms in relation to criminal code offences etc. The OP is with respect to the meaning of "loaded", for the purposes of hunting regulations. Under the FWCA, a muzzle loader is loaded when a charge, projectile AND a cap or source of ignition is present.
Taking the cap or primer off the gun renders the firearm "unloaded" for the purposes of the regs..

[Greenhorn]

Take the cap out and it's unloaded. Still needs to be incased.

[spcamno]

Thank you gentlemen for all the input.

This is what I copied from the hunting regulation:

[COLOR="#0000CD"][COLOR="#0000CD"][COLOR="#0000CD"][COLOR="#0000CD"][COLOR="#0000CD"][COLOR="#0000CD"]A muzzle-loading gun is a gun that is loaded through the muzzle. A percussion muzzle-loading gun is considered to be loaded if there is a charge of powder and a projectile in the barrel and a percussion cap on the nipple. A flint-lock muzzle-loading gun is considered to be loaded if there is a charge of powder and a projectile in the barrel and the vent is unplugged. An electronic muzzle-loading gun is considered to be loaded if there is a projectile in the barrel. Under federal regulations pertaining to storage
and transport of firearms, a muzzle-loading gun is not unloaded
unless any propellant, projectile or cartridge has been removed
from the breech or firing chamber. There is an exemption on
transport restrictions when traveling between hunting sites.

I understand if you removed the percussion cap the Firearm is consider unload under fish and wildlife act under hunting but what about the modern ML like the Remmy and Savage?

Also what you guys do to cover yourself under the firearms act because if the powder and projectile is still inside the barrel?

I just want to be safe and cover myself because my normal spot is about 2 hours drive from home and it's not practical to discharge or deactivate the load after each hunt.

Thank you

[Greenhorn]

Your better off to shoot or unload before your next hunt because the power picks up moister which will cause a hang or miss fire.

[MikePal]

As spcamno quoted...you have to remember that the Firearms Act trumps the Hunting regs if it comes to charges being laid in accordance with the 'Storage and Transport' laws.

I have for years worked under the auspice of the Hunting Regs, ie; using the "AND" word in it's definition of loaded . ergo..I remove the primer rendering the gun unloaded and leave the projectile in the barrel while hunting during the ML week.

However I was informed that it is the Firearms Act that covers the laws of 'Transport and Storage'..ie once you have gotten home. Therefore the definition 'unloaded' in the act is the legal requirement and it requires you to remove the projectile from the chamber.

The legal argument could be made that if they allow you to remove the primer to take the gun into your truck to go from one spot to another while hunting...and that is considered 'unloaded' ....what has changed at the end of the day when you take the gun home.

Like I said. I haven't heard of this being challenged in court, so until then....hope you don't need a lawyer to find out the answer to your question.

[boogaloo]

Interesting! For a flintlock, how do you "plug the vent"?? I would imagine removing the flint would suffice but if challenged in court, any source of spark (camp fire or cigarette) has the potential to set off a charge. Just a thought. As Mikepal said, lets hope common sense prevails..........................Daniel

[MikePal]

Interesting! For a flintlock, how do you "plug the vent"??

I do believe the requirement is for a sliver of handcrafted Canadian Hardwood, honed to the demanding specs to perfectly seal the vent against any incursions. ..but I think a toothpick is also acceptable