State Lawmakers Attempt To Narrowly Define Muzzle-loading

As the 2006 Minnesota Legislative session was winding down about two weeks ago some verbiage was slipped into the House version of the Omnibus Fish and Game Bill (H.R. 3116) that largely went unnoticed by most sportsmen.   It was a bill for an act which did many things to affect our fish and game resources and the manner in which we enjoy them, but there was one little line (shown in RED below) that was particularly disturbing to me.   It read, in part:

Sec. 40. Minnesota Statutes 2004, section 97B.311, is amended to read:
97B.311 DEER SEASONS AND RESTRICTIONS.
(a) The commissioner may, by rule, prescribe restrictions and designate areas where 
deer may be taken, including hunter selection criteria for special hunts established under 
section  97A.401, subdivision 4. The commissioner may, by rule, prescribe the open 
seasons for deer within the following periods: 
(1) taking with firearms, other than muzzle-loading firearms, between November 1 
and December 15;
(2) taking with muzzle-loading firearms between September 1 and December 31; and
(3) taking by archery between September 1 and December 31.

A muzzle-loading firearm used in the muzzle-loader season established under clause 
(2) is a firearm equipped only with a flint, percussion cap, or musket cap.
(b) Notwithstanding paragraph (a), the commissioner may establish special seasons 
within designated areas at any time of year.
(c) Smokeless gunpowder may not be used in a muzzle-loader during the 
muzzle-loader season.

What is perhaps most scary is the fact that the verbiage, as shown above, overwhelmingly passed the Minnesota House of Representatives on a floor vote.   The saving grace was the Senate companion version of this same bill did not contain the exact same language so it needed to go into conference committee for revision.   With time running out in the legislative session, and a general willingness to pass something before the session ended in just a few hours, the conference committee moved to largely follow the Senate’s version of the bill which did not include the phrase printed in red above.

What this means is I will be able to use my new Thompson Center Omega Muzzle-loader this fall.   That’s right…you see my new T/C doesn’t use flint for ignition, nor a percussion cap or musket cap.   It uses a 209 primer like the ones found in most shotgun shells.   The 209 is a much more reliable source of ignition for a muzzle-loader which is why for over a decade most “modern” in-line muzzle-loaders have been developed to accept this type of ignition system.   Just page through a Cabela’s catalog and you’ll see that many guns have it.   Most new muzzle-loading guns, except the historical replica muzzle-loaders that continue with traditional ignition systems, today use the 209 which is not technically a percussion cap by definition.

Had this new law passed, as prescribed above, it would have meant that tens of thousands of Minnesota hunters who opt to use “modern” muzzle-loaders would have been out of luck this fall.   Herein lies the great divide, in my opinion, between sportsmen who choose to hunt with a muzzle-loader.   The purists, those who feel the primitive season was designed just for them, can’t accept the fact many other sportsmen just don’t connect with the nostalgia of hunting with a certain traditional firearm.   Yet, many new participants have been more willing to try muzzle-loading and accepting the one-shot challenge offered to them by modern, in-line firearms because of their more comfortable look and feel.

The fact someone found it necessary to include the proposed verbiage (shown above) defining a muzzle-loader smacks of pure selfishness on the part of some muzzle-loading traditionalists.   Moreover, what is scary is most legislators probably did not know the significance nor did they hear from many of their constituents on this proposed new law.   This time those of us who choose to hunt with in-line muzzle-loaders dodged a big musket ball lobbed our way on this issue…but something tells me it will be back again soon.   Perhaps not only in Minnesota…but also in your home state where an activist lobby, comprised of a relatively small group of hunters, attempt to influence lawmakers on this important issue.

Sportsmen who choose to hunt with muzzle-loaders need to begin doing a better job accepting their fellow sportsman’s equipment.   If you want to hunt with traditional smoke-poles…then fine.   If you want to hunt with a firearm capable of a single shot more from the modern era…this should be fine, too.   This insidious battle pitting traditionalist muzzle-loaders against those who choose to use modern muzzle-loading equipment is ridiculous.

In Minnesota, we have far more deer than hunters will likely cull to achieve target harvest goals in most areas each fall.   That’s why this coming fall season hunters will be seeing some of the most liberal seasons in modern deer hunting history.   Yet a small group of folks fret about such things as using scopes on muzzle-loaders, the types of ignition systems, etc. of their counterparts in the woods?   I’m totally befuddled why this certain group of sportsmen want to limit hunting opportunities simply because that is not the manner in which they choose to hunt.   It’s akin to me saying we should do away with…say, the sport of falconry…because that’s not how I choose to hunt my prey.

Of course this is all silly and this problem is not isolated just to Minnesota, either.   Activists attempting to influence gullible politicians and game departments have been a thorn in the side of many sportsmen from several different states.   Colorado, I’m told, just a few years ago seen this very same thing happen with their muzzle-loading rules…it lasted for one year, and then quickly got corrected the following year after receiving many hunter complaints.

In my opinion, this year in Minnesota we saw some of the most radical changes in muzzle-loader law narrowly defeated mostly because of legislative procedural timing.   I’m quite certain the measure will be back…but next time I’ll do my best to make damn sure such a travesty doesn’t again try to sneak into our statutes and become law.   Attempting to redefine muzzle-loading hunting in such a selfish manner to eliminate competition in the woods is just plain wrong.

© 2006 Jim Braaten.  All Rights Reserved.   No Reproduction without Prior Permission.