I thought I had replied to this last evening, but apparently it must not have worked (I had clicked on ADD POST, and then my ISP dropped out on me) Oh Well! Might as well blow some of my hot air into this little topic.
Anyway, as far as I'm aware, West Virginia still has a minimum caliber for muzzleloading whitetaile deer season--which is .38 caliber. Don't ask if that is ball diameter or bore size, as I've never been able to find anyone that would confirm it.
I once thought that choice was a little odd, since the only .38 caliber guns would be something custom made, BUT a good ol' timer friend of mine told me that there were a good many "Appalachian style" rifles built in the early part of the 20th century and the .38 cal decision was in deference to those particular guns. These were relatively crude, very plain rifles and not made any bigger than what was supposedly needed to kill whitetail deer and black bear.
Is that just a rumour or what? I do not know--but it sounds as reasonable an explanation as any that I've heard. Most West Virginian "hillbillies" like myself tend to keep a gun that works well and anything that does NOT work well gets quickly sold or traded off. It's just the kind of mentality of the area to be frugal and mindful stewards of their few prized posessions. Hardly anything gets wasted that way, and "only enough, is good enough" for the majority of things.
I myself, would use a .40cal gun on deer if I got the typical shots at deer (usually closer than 35 yds). I'm not too keen on anything less than a .50 with a heavy conical for bear, though I would use a fast twist .45 with a very heavy and long conical if that was all I had. A .32cal if fine for squirrel and rabiit and varmints, and a .36cal OK for slightly larger stuff, like coyote (and anything in that size range), but I wouldn't use either caliber on deer unless it was a head shot... but since both are not legal it's a moot point.
The .22 Magnum is used by most farmers who have crop damage permits and probably kills as many deer as some of the larger centerfires during season. Just makes you wonder though...
ALWAYS use a big enough gun and shoot safely!
WV_Hillbilly
Merry Christmas and a Happy Prosperous New Year!