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Transporting a Muzzleloader?

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  • THBailey
    Senior Member
    • Mar 2011
    • 737

    Transporting a Muzzleloader?

    Is it legal to transport a loaded but uncapped muzzleloader? Couple of scenarios:

    1) After an unsuccessful deer hunt with a caplock muzzleloader the hunter returns to his or her vehicle. The plan is to hunt again the next day. Not wanting to have to fire and then have to clean the gun, the hunter removes the cap from the guns nipple, but leaves powder and ball in the barrel. Gun is placed in in a guncase and in the back of the vehicle (in the trunk or under the camper shell). The hunter then drives home to his or her residence in an incorporated city.

    2) The hunter is going waterfowl hunting with a muzzleloading shotgun the next morning. Wanting to be ready for shooting time but not wanting to load the gun in the dark in the duckblind the next morning, the hunter puts powder, wads and shot in the guns barrels the night before, but leaves it uncapped. The gun is placed in a guncase and transported as above from the hunters residence in the city out to the duck blind.

    Are any laws being broken?

    Looking through the penal code and fish and game code the closest thing I could find is the fish and game section that indicates removing the cap renders the gun unloaded enough to be ok under the loaded firearm in or on a vehicle prohibition.

    Thanks much for your help.
    THBailey


    As Will Rogers once said:
    "Everyone is ignorant, only in different subjects."
  • #2
    CSACANNONEER
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Dec 2006
    • 44093

    The fish and game definition is the only one I know. So, I will answer just like ca doj would.

    There are 58 DAs in Ca and each one will have an opinion.


    Sorry, that is the best I can tell you.

    Posting this while sitting at my front gate waiting for the mailman to bring me my new flintlock rifle. It should be here soon.
    NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
    California DOJ Certified Fingerprint Roller
    Ventura County approved CCW Instructor
    Utah CCW Instructor


    Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      In order to be considered "loaded", the muzzle loader needs to be capped/primed and have a powder charge & ball/shot in the barrel. [PC 16840(b)(2)]

      So, if it is not capped/primed, it is not considered loaded.

      Both scenarios would be legal because legally the muzzle loader is not considered to be "loaded".

      If the muzzle loader was capped/primed, then both scenarios would be illegal due to violating CA's loaded firearm in public laws.



      Penal Code 16840
      (b) As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, in subparagraph (A) of paragraph (6) of subdivision (c) of Section 25400, and in Sections 25850 to 26055, inclusive,
      (1) A firearm shall be deemed to be "loaded" when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm.
      (2) Notwithstanding paragraph (1), a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.
      Last edited by Quiet; 04-11-2014, 12:50 PM.
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      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #4
        THBailey
        Senior Member
        • Mar 2011
        • 737

        Well thanks so very much for that. Appreciate the cite.
        THBailey


        As Will Rogers once said:
        "Everyone is ignorant, only in different subjects."

        Comment

        • #5
          THBailey
          Senior Member
          • Mar 2011
          • 737

          Originally posted by CSACANNONEER
          Posting this while sitting at my front gate waiting for the mailman to bring me my new flintlock rifle. It should be here soon.
          So, what'cha got coming?
          THBailey


          As Will Rogers once said:
          "Everyone is ignorant, only in different subjects."

          Comment

          • #6
            Nick Justice
            Senior Member
            • May 2010
            • 1985

            Originally posted by CSACANNONEER
            Posting this while sitting at my front gate waiting for the mailman to bring me my new flintlock rifle. It should be here soon.
            Watch out for the redcoats!! April 19 is next Saturday
            It doesn't matter how scary, ugly, uncomfortable, or inconvenient self defense can be. Like it or not, you will never, ever be relieved of your duty and responsibility to defend your life, your family, your country and your freedom.

            How much ammo do I need? Enough to last me the rest of my life, and then lot more for later.

            The government does not come knocking at your door. It comes knocking down your door.

            Comment

            • #7
              CSACANNONEER
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Dec 2006
              • 44093

              Originally posted by THBailey
              So, what'cha got coming?
              .54cal TC Hawkins LH flinter. I have several TC frontloaders but no flintlock rifle. So, I jumped on this one when I saw it.

              It should have arrived yesterday. It didn't arrive today. The tracking number has been rerouted. I went to the post office and the stupidvisor said he research it and get back to me this afternoon. He never called.
              NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
              California DOJ Certified Fingerprint Roller
              Ventura County approved CCW Instructor
              Utah CCW Instructor


              Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

              sigpic
              CCW SAFE MEMBERSHIPS HERE

              KM6WLV

              Comment

              • #8
                THBailey
                Senior Member
                • Mar 2011
                • 737

                Sounds like a fun one. I have several caplocks but no flinters. Been thinking about getting one!!
                THBailey


                As Will Rogers once said:
                "Everyone is ignorant, only in different subjects."

                Comment

                • #9
                  CSACANNONEER
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Dec 2006
                  • 44093

                  I built a flintlock Kentucky pistol back in '87 or '88 but, I've never had a rifle.
                  NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                  California DOJ Certified Fingerprint Roller
                  Ventura County approved CCW Instructor
                  Utah CCW Instructor


                  Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                  sigpic
                  CCW SAFE MEMBERSHIPS HERE

                  KM6WLV

                  Comment

                  • #10
                    Eljay
                    Veteran Member
                    • Oct 2005
                    • 4985

                    Originally posted by THBailey
                    Sounds like a fun one. I have several caplocks but no flinters. Been thinking about getting one!!
                    You should. They're fun.

                    Comment

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