Leave it loaded vs. new charge daily?

[Straekat]

OH it's the same thing here.... but all we need is to dump the pan, AND you can even remove the flint if you wish. That doesn't stop the local officer from citing you. OH and we have laws against driving with a loaded firearm, BUT a sidelock caplock or a flintlock are legally "antique firearms" and thus are exempt from that law. Again, that won't stop the charges..., you will just prevail when in front of a judge, and the prosecutor realizes the officer made a mistake. You won't even get a judicial record of being found "not guilty", as the prosecution will Nolle Pros the case before you can say a word, and you're free to go. BUT you've had to take time off from work, burn your gas to get to court, pay for parking, and if you're smart, maybe you paid $300 to a lawyer to be there to cover your backside.

LD

Dave, the officer isn't the only one who may or may not know the law.

The citation means appearing in a court room, in the presence of a judge or magistrate. Judges are elected, and some states don't require a being a lawyer or having a law degree as part of the process. Magistrates can be appointed, or elected depending on the locality. What this means, is don't count on the court process to catch what you think is a mistake in the officer's decision to cite, or not. If you use a lawyer, they are expected to know the specific laws covering the situation, and then relate that information to the judge/magistrate who may or may not know the law. (The failure of judges or magistrates to know the pertinent laws happens more often than many of would like to think...but that's OT.) If you decide to represent yourself, then do some on-line research, find the local state laws, print them out, and take them to court with you and when given the opportunity to speak, present them to the court "for reference."

In the great state north of you, having a firearm in a motor vehicle isn't covered by gun laws only. Motor vehicle laws specify that if you have a loaded weapon in the passenger area, or the firearm and ammunition together where you can reach them even if the firearm isn't loaded, is a motor vehicle law violation unless you have a concealed weapons permit.

It never hurts to read the laws governing a range of situations, because hunting/firearms/motor vehicle and related laws may not be as clear cut as we might think. If someone finds they have a court date, consulting a lawyer and getting legal representation may be money well spent. If the possible fine is less than the costs of representation, that is something to consider, although not if there's a risk of jail time.

 

[Denny B]

I have left mine loaded for a week or more and it always shot fine. Sometimes a little delayed by about 1/4 sec. but it always went bang.

 

[RHensley]

Dave, the officer isn't the only one who may or may not know the law.

The citation means appearing in a court room, in the presence of a judge or magistrate. Judges are elected, and some states don't require a being a lawyer or having a law degree as part of the process. Magistrates can be appointed, or elected depending on the locality. What this means, is don't count on the court process to catch what you think is a mistake in the officer's decision to cite, or not. If you use a lawyer, they are expected to know the specific laws covering the situation, and then relate that information to the judge/magistrate who may or may not know the law. (The failure of judges or magistrates to know the pertinent laws happens more often than many of would like to think...but that's OT.) If you decide to represent yourself, then do some on-line research, find the local state laws, print them out, and take them to court with you and when given the opportunity to speak, present them to the court "for reference."

In the great state north of you, having a firearm in a motor vehicle isn't covered by gun laws only. Motor vehicle laws specify that if you have a loaded weapon in the passenger area, or the firearm and ammunition together where you can reach them even if the firearm isn't loaded, is a motor vehicle law violation unless you have a concealed weapons permit.

It never hurts to read the laws governing a range of situations, because hunting/firearms/motor vehicle and related laws may not be as clear cut as we might think. If someone finds they have a court date, consulting a lawyer and getting legal representation may be money well spent. If the possible fine is less than the costs of representation, that is something to consider, although not if there's a risk of jail time.

I have a concealed carry permit for my state and I keep a copy of all the states that it is recognized in. I went to the state site on the computer and printed off a copy. I also have a copy of the part that tells about a muzzle loader being unloaded. No cap or no powder in the pan. I have a photo copy of these on the phone also. I do my best to not go in any state that does not recognize my right to carry. You are right that some judges and a lot of police officers don't keep up with or really know the law. I've had to show these copy's to only one policeman. He read it got on the radio and confirmed it. He was nice polite and we parted with everything OK.

 

[S.Kenton]

i literally have left mine loaded for 3 months with no ill effect. However if I have fired a shot,it gets cleaned then dried and before I'd leave it loaded for any length of time. I once purchased a flintlock at a gunshow, bore was perfect but breech a area looked odd when I dropped a bore light down it. It was loaded.....I knew the fella I got the rifle from,he was a regular seller at the show. Anyhow, I called him and asked where he got the flintlock from and told him it was loaded..he apologized and told me it was his son in laws.... and son in law never shot it, not one time, he had purchased it somewhere around 1986 from an estate sale.
Well anyhow I took it out, primed the pan after doing some measuring to make sure it wasn't double loaded, and it went off without a hitch. The bore was nearly perfect,with the exception of having a pronounced ring of corrosion near where the charge had resided all those years. Take it for what it's worth, but as long as one uses a good lube, uses real black powder, bore is clean and is protected from condensation, I'd say one can leave a rifle loaded for a very long time... Just my two cents

 

[franky4me]

I've unloaded a number of antiques that had been sitting on the wall or over the fire place loaded for 100 years or more... the original black powder is often caked a bit but still good... when hunting I open the pan and drop the priming charge and inserta toothpick in the flash hole to be legal here in Québec , or cap if for some reason I hunt percussion

 

[Livbucks]

Piece of electrical tape over barrel and across the touch hole and pan I was shown. Blocks ignition and serves warning. I left a charge in for a year and it fired like a fresh load.

 

[SDSmlf]

I once purchased a flintlock at a gunshow, bore was perfect but breech a area looked odd when I dropped a bore light down it. It was loaded.....I knew the fella I got the rifle from,he was a regular seller at the show. Anyhow, I called him and asked where he got the flintlock from and told him it was loaded..he apologized and told me it was his son in laws.... and son in law never shot it, not one time, he had purchased it somewhere around 1986 from an estate sale.
Well anyhow I took it out, primed the pan after doing some measuring to make sure it wasn't double loaded, and it went off without a hitch.

I have come accross the empty muzzleloader with a charge in it myself, however, don’t consider it safe to fire it off unless I know for certain it is not loaded with smokeless. Would suggest either pulling the charge or firing it remotely.

 

[S.Kenton]

I have come accross the empty muzzleloader with a charge in it myself, however, don’t consider it safe to fire it off unless I know for certain it is not loaded with smokeless. Would suggest either pulling the charge or firing it remotely.

I should have added that I did fire it remotely... 25 foot string on a rigged up gun rest... I was able to hide behind my truck and detonate the rifle...I should have said that earlier..

 

[Britsmoothy]

I should have added that I did fire it remotely... 25 foot string on a rigged up gun rest... I was able to hide behind my truck and detonate the rifle...I should have said that earlier..

That was a bit harsh, couldn't you of just fired it, like normal?
Seems such a waste

 

[S.Kenton]

Well, buying the rifle from a gun show, then finding it was loaded was enough for me to be harsh.I wasn't sure who loaded it, what that person loaded it with...I'd rather be safe than sorry. If I would have been the one to load it, it would have been different. As it turned out, it was loaded properly and it was all good and well.

 

[Griz44Mag]

On my recent hunt, I loaded the 54 on Friday at noon, did not shoot that day.
Arriving back in camp, I decapped the nipple, ran a mink patch in and out of the barrel and stuck a large orange earplug in the end of the barrel. It sat in the front seat of the truck until morning.
I did not fire it Saturday AM, so back in camp I repeated the procedure.
After lunch (around 3) it was back into the scrub oak.
A bit before dark, I took the large buck, shot clean through.
I believe I could have left it for months and done just as well. (As long as it was a clean barrel loaded in the first place.)