I'd say yes, generally, except that apparently the state has a law defining them and specifically excludes black powder muzzle loaders. If that is so, this ruling sounds like capriciousness.
Probably. Somewhere there is a definition of water as a 'mineral.' It seems a stretch, but it amounts to having to get a permit from some gov't agency to put in a water well on your own property if you don't outright own subsurface rights. Well, if the law as it stands doesn't stand community standards or common sense it won't last.