Expert: Robert P. Firriolo - 12/14/2011

Question
This is sort of a follow up to an answer I just read. It says that a convicted felon can use a muzzleloader under NYS law because it's not considered a firearm. So then it would follow that you can fire a muzzleloader within city limits, right? There's a great hunting spot near me that I hunt with bow only because it's within city limits but I'm wondering if I could use a muzzleloader there instead?

Answer
It is impossible to answer your question with specificity because you do not say what city or town you are talking about, and such localities may well have their own laws on firearms discharge.

It is not a safe assumption that just because a muzzle loader may not be considered a "firearm" for purposes of possession by some states or the federal government, that it is also not considered a firearm for purposes of discharging one. For example, and since you are located in New Jersey, take a look at the Bernardsville website:

http://bernardsvillepd.org.s48968.gridserver.com/index.php/main/article/firearms

where they discuss permits needed to hunt in the town. Their regulations:

http://bernardsvillepd.org.s48968.gridserver.com/images/uploads/hntr3%20code.pdf

define "firearm" to include any gun or anything from which a shot may be discharged by any kind of gunpowder. That would include muzzle loaders.

To find out if you can hunt in the area you are interested in, consult both state hunting & regulations and the local hunting and/or firearm regulations and restrictions, if any. You can usually find them on the state and local government websites, and in the annual hunter pamphlet you get with your hunting license.