ISSUE:

Should electronic ignition muzzle-loading rifles be disallowed as a method of take
during muzzle-loading season?

DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE):

The Division of Wildlife has recently received a number of inquiries concerning the
legality of a new type of muzzle-loading rifle which incorporates a battery-operated
electronic ignition system. Current regulations set forth the following restrictions
as legal muzzle-loading rifles during muzzle-loading seasons:

. Muzzle-loading rifles and smoothbore muskets, provided the minimum caliber shall
be forty (.40) for all big game except elk and moose. The minimum caliber for elk
and moose shall be fifty (.50). All muzzle-loading rifles and smoothbore muskets
from forty (.40) caliber through fifty (.50) caliber must use a bullet of at least
170 grains in weight. All muzzle-loading rifles and smoothbore muskets greater than
fifty (.50) caliber must use bullets of at least 210 grains in weight.

a. During the muzzle-loading firearms seasons for deer, elk, pronghorn, bear, and
moose only lawful muzzle-loaders and smoothbore muskets may be used by
muzzle-loading license holders.

b. During the muzzle-loading firearm seasons for deer, elk, pronghorn, bear, and
moose the following additional restrictions apply:

1. Propellent/Powders: The use of pelletized powder systems and smokeless powder are
prohibited.

2. Projectiles: Sabots are prohibited. For the purposes of this regulation cloth
patches are not sabots.

3. Loading: Firearms must load from the muzzle. Firearms which can be loaded from
the breech are prohibited.

4. Sights: Any muzzle-loading rifle or smoothbore musket with any sighting device
other than open or “iron” sights is prohibited.
Under these regulations, such a firearm is considered a legal muzzle loading firearm
for use in Colorado. The historic philosophy of the muzzle-loading season is one of
primitive methods. It has been argued that such advances in muzzle-loaders as
electronic ignition are not in keeping with a practice of a primitive season. As
with other advances in muzzle-loaders, such a rifle could be considered legal during
the regular rifle season.

In addition, concern has been raised about how to determine legally whether or not
an electronic ignition muzzle-loader is unloaded for the purposes of carrying it in
a motor vehicle. 33-6-125 CRS states:

“For the purposes of this section, a "muzzle-loader" shall be considered unloaded if
it is not primed, and, for such purpose, "primed" means having a percussion cap on
the nipple or flint in the striker and powder in the flash pan.”

Since there is no percussion cap, nipple or flint, the statutory definition does not
define how an electronic ignition muzzle-loading rifle would be considered unloaded
for the purposes of transport in a motor vehicle.

Because the philosophy of the muzzle-loading season is one of primitive methods, and
because

1	Lack of clarity in the statutory definition of an unloaded muzzle-loading rifle
could create safety concerns, this issue paper asks the Wildlife Commission to
examine the use of electronic ignition muzzle-loading rifles for hunting in
Colorado.

WHO ARE THE INTERNAL/EXTERNAL PUBLICS IN THIS ISSUE? WHAT INPUT PROCESS HAS
OCCURRED?

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Internal discussion has been held throughout 2007, which led to an interpretation
that electronic ignition muzzle-loading rifles are not currently disallowed by
existing statute and regulation. Further information was disseminated to the public
that such rifles would be considered unloaded if the battery is disconnected and
removed from the chamber.

Discussion of the topic at the August 2007 statewide Regulation Review led to a
request by Division managers that this topic be further examined within the
appropriate big game season cycle.
ALTERNATIVES: (POSSIBLE OUTCOMES or POSSIBLE REGULATIONS):

1.* Preferred Alternative *: Disallow the use of electronic ignition muzzle-loading
rifles during muzzle-loading season, and further clarify what constitutes whether or
not such a rifle is unloaded for the purposes of legal transport in a motor vehicle.

2.Disallow the use of electronic ignition muzzle-loading rifle for all seasons.

3.Allow electronic ignition muzzle-loading rifles for muzzle-loading and rifle
seasons and define what constitutes a legally unloaded rifle.

4. Status quo - electronic ignition muzzle-loading rifles remain legal for
muzzle-loading and rifle season and lack of clarity remains in regulation as far as
what constitutes a legally unloaded rifle.

Issue Raised by:

Reg Review Managers

Author of the issue paper
(if different than person raising the issue):
Brett Ackerman

APPROVED FOR FURTHER CONSIDERATION BY:

THIS REQUIRES NEW SPACE IN THE BROCHURE? Type YES or NO:

Yes

ISSUE PAPER HAS BEEN EMAILED TO REG REVIEW MGRS GROUP?

TYPE YES OR NO:
Yes

REGULATION REVIEW OUTCOME:

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