Backward Muzzleloader Regulations Hold Back Hunting Opportunities
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The modern in-line rifle shown above, complete with a precision telescopic sight, with loads made up of better performing modern black powder substitutes and modern saboted bullets, is exactly the muzzle-loaded hunting combo now preferred by 90 PLUS PERCENT of ALL who hunt with muzzleloaders in the United States. However, in about a fourth of this country it is illegal to use this rifle, sight and the modern hunting load it shoots best during the muzzleloader seasons. Eleven states still continue to prohibit the use of a riflescope on a "muzzle-loaded big game rifle during a muzzleloader season" ...several more still prohibit the use of pelletized powder...a few states now discriminate against the physical make up of some powders (while allowing others of the same classification)...saboted bullets have been outlawed in several more...enclosed No. 209 primer ignition rifles are banned by some regulations...and if we searched hard enough, I'm sure we could find a few other similar idiotic restrictions. These are the regulations North American Muzzleloader Hunting will go after, to make muzzleloader hunting more appealling to ALL who would like the opportunity to participate in the special muzzleloader big game seasons.
North American Muzzleloader Hunting Efforts Since 2006...
The buck in the photo at left is one of two that I took on a great hunt during Nebraska's 2008 muzzleloader season - the first which allowed the muzzleloading hunter in this state to use a riflescope . The state's legislature legalized scopes in January that year, and by the opening of the muzzleloader season on December 1, most of the 10,000 or so muzzleloader tag holders had a scope on their rifle.
That regulatory change did not come about without a lot of outside pressure. In late July 2006, North American Muzzleloader Hunting filed a discrimination complaint with the U.S. Department of the Interior, based on that agency violating its own anti-discrimination policy by providing federal funding and federal excise tax dollars to state wildlife agencies which continued to discriminate against muzzleloading hunters who could not see open sights well enough to use them in the 15 states which prohibited the use a riflescope. The Department of the Interior accepted the complaint, and approached the wildlife agencies in the states named. Four states, including Nebraska, changed the regulation to allow ALL muzzleloading hunters to use a magnifying rifle sight...which could be focused to the shooter's vision. Georgia, Kansas and Wisconsin also made a like change of their muzzleloader regulations.
Alaska, California, Colorado, Idaho, Minnesota, Nevada, North Dakota, Oregon, South Dakota, Utah and Washington continued to contest the legalization of scopes across the board for all muzzleloading hunters. The Department of the Interior then required each to come up with provisions for those who absolutely required the use of an optical sight due to sight impairment. The time frame for doing so has now passed, and North American Muzzleloader Hunting will follow up on this to see which states have complied...and which have not.
Still, those states which have come up with a process through which a sight impaired hunter can be examined by a physician or optometrist...file the proper paperwork for exemption...and receive a permit that allows the use of a scope ARE STILL being discriminatory. And that is by requiring the sight impaired hunter to "qualify" to be able to participate in the special muzzleloader seasons IN A DIFFERENT MANNER than those who simply claim to have vision that is good enough to allow them to hunt with an open sighted rifle. By requiring the sight imparied hunter to jump through hoops that the hunter with good vision does not, the requirement and the agency enforcing that requirement violate anti-discrimination laws.
That regulatory change did not come about without a lot of outside pressure. In late July 2006, North American Muzzleloader Hunting filed a discrimination complaint with the U.S. Department of the Interior, based on that agency violating its own anti-discrimination policy by providing federal funding and federal excise tax dollars to state wildlife agencies which continued to discriminate against muzzleloading hunters who could not see open sights well enough to use them in the 15 states which prohibited the use a riflescope. The Department of the Interior accepted the complaint, and approached the wildlife agencies in the states named. Four states, including Nebraska, changed the regulation to allow ALL muzzleloading hunters to use a magnifying rifle sight...which could be focused to the shooter's vision. Georgia, Kansas and Wisconsin also made a like change of their muzzleloader regulations.
Alaska, California, Colorado, Idaho, Minnesota, Nevada, North Dakota, Oregon, South Dakota, Utah and Washington continued to contest the legalization of scopes across the board for all muzzleloading hunters. The Department of the Interior then required each to come up with provisions for those who absolutely required the use of an optical sight due to sight impairment. The time frame for doing so has now passed, and North American Muzzleloader Hunting will follow up on this to see which states have complied...and which have not.
Still, those states which have come up with a process through which a sight impaired hunter can be examined by a physician or optometrist...file the proper paperwork for exemption...and receive a permit that allows the use of a scope ARE STILL being discriminatory. And that is by requiring the sight impaired hunter to "qualify" to be able to participate in the special muzzleloader seasons IN A DIFFERENT MANNER than those who simply claim to have vision that is good enough to allow them to hunt with an open sighted rifle. By requiring the sight imparied hunter to jump through hoops that the hunter with good vision does not, the requirement and the agency enforcing that requirement violate anti-discrimination laws.
Another Issue That We Plan To Build A Hot Fire Under...
Two of the powders in the photo at right can legally be used in Nevada and Utah...one cannot...yet all three share the same exact official classification. Blackhorn 209 has a cellulose base...the other two are carbon based powders.
Due to the use of "nitrated " cellulose as the base for producing Blackhorn 209, the wildlife agencies in the two states named are trying to put the powder in the same class as "smokeless powder". Blackhorn 209 is not smokeless powder. Nitrated cellulose, also known as nitrocellulose, IS also used as the base for most modern smokeless powders. However nitrocellulose, or nitrated cellulose, is also used in the production of paint, paper, ink...and plastics. Now, most of the molding used on the front and rear ends of the cars and pickups we all now drive are made of plastic, with some nitrocellulose in the make up of that plastic. And that plastic is neither "smokeless powder" or an "explosive". It it were..."fender benders" would be a thing of the past. This issue just has not been taken to court yet...but I have a feeling that it very likely will be...unless some common sense prevails within the wildlife commissions and agencies in these states. By arbitrarily singling out this "black powder substitute" and making it illegal to use, while permitting powders of the same official classification, these commissions and agencies are violating interstate commerce laws.
Due to the use of "nitrated " cellulose as the base for producing Blackhorn 209, the wildlife agencies in the two states named are trying to put the powder in the same class as "smokeless powder". Blackhorn 209 is not smokeless powder. Nitrated cellulose, also known as nitrocellulose, IS also used as the base for most modern smokeless powders. However nitrocellulose, or nitrated cellulose, is also used in the production of paint, paper, ink...and plastics. Now, most of the molding used on the front and rear ends of the cars and pickups we all now drive are made of plastic, with some nitrocellulose in the make up of that plastic. And that plastic is neither "smokeless powder" or an "explosive". It it were..."fender benders" would be a thing of the past. This issue just has not been taken to court yet...but I have a feeling that it very likely will be...unless some common sense prevails within the wildlife commissions and agencies in these states. By arbitrarily singling out this "black powder substitute" and making it illegal to use, while permitting powders of the same official classification, these commissions and agencies are violating interstate commerce laws.
Wildlife Agencies Lack The Knowledge To Regulate Muzzleloading Wisely...
In states like Colorado, where the Division of Wildlife prohibits the use of modern saboted bullets and riflescopes during the muzzleloader big game seasons, keep in mind that these regulations are in place almost totally because of an extremely traditionally minded group of 200 or so individuals - known as the Colorado State Muzzleloading Association. This very vocal group has done a great job of showing up in number at any wildlife commission or agency meeting where regulation changes are a topic. And while they've, twice now, gotten in-line rifles outlawed...public demand forced the commission and the agency to re-instate the legal use of the widely favored modern in-line ignition muzzleloaders.
Now is the time for the same thing to happen to legalize the use of more efficient saboted bullets...and to put an end to the idiocy of requiring all muzzleloading hunters to attempt their shots with open sights. An extremely high percentage of all hunters are now over the age of 40...a time in most peoples life where the eye begins to lose its close focus, making it extremely difficult to see a rear sight well enough to insure proper shot placement. Any regulation which prohibits the use of the most efficient, best performing and most accurate rifle, sight and load combination, for the quickest and cleanest harvest of the game being hunted, is not only unethical, such regulations also indicate a commission and agency which are ignorant of muzzleloading and muzzleloader performance.
As we head into 2012, North American Muzzleloader Hunting will step up the efforts to get such unecessary and unserving restrictions eliminated. Watch for upcoming "MLlegislation" pages. And if there are less than desireable muzzleloader hunting regulations where you live or hunt, drop me an e-mail at the address below...and let's work together toward getting things changed. - Toby Bridges, North American Muzzleloader Hunting
toby@namlhunt.com
Published 10-14-11
Now is the time for the same thing to happen to legalize the use of more efficient saboted bullets...and to put an end to the idiocy of requiring all muzzleloading hunters to attempt their shots with open sights. An extremely high percentage of all hunters are now over the age of 40...a time in most peoples life where the eye begins to lose its close focus, making it extremely difficult to see a rear sight well enough to insure proper shot placement. Any regulation which prohibits the use of the most efficient, best performing and most accurate rifle, sight and load combination, for the quickest and cleanest harvest of the game being hunted, is not only unethical, such regulations also indicate a commission and agency which are ignorant of muzzleloading and muzzleloader performance.
As we head into 2012, North American Muzzleloader Hunting will step up the efforts to get such unecessary and unserving restrictions eliminated. Watch for upcoming "MLlegislation" pages. And if there are less than desireable muzzleloader hunting regulations where you live or hunt, drop me an e-mail at the address below...and let's work together toward getting things changed. - Toby Bridges, North American Muzzleloader Hunting
toby@namlhunt.com
Published 10-14-11
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