Carry shotgun while filling feeders?

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Originally Posted by werner.reiche

What you don't seem to realize is that if you are walking in an area where game may be expected to be found (based on CO's opinion), with a firearm you are considered to be hunting. If you want to explain to the CO that you are target shooting, you had better be prepared to show him where you were shooting targets.

If you are even driving bush roads with an uncased rifle, you are considered to be hunting.



A small game licence is not valid in some parts of northern and central Ontario from June 16 to August 31. For more information see page 15 and the map on pages 10-11. Additional licence information and fees can be found on page 15.

Firearms
If you are hunting small game in an area where there is an open season for deer, moose, elk, or black bear, you may not possess or use a rifle of greater muzzle energy than 400 foot-pounds or shells loaded with ball or with shot larger than No. 2 shot (non-toxic equivalents include steel shot larger than triple BBB, or bismuth larger than double BB), unless you possess a valid licence to hunt deer, moose, elk or black bear as the case may be. This restriction does not apply south of the French and Mattawa Rivers during an open season for deer that is restricted to the use of bows.

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see that's the thing, that restriction is under small game hunting! not in the general rules section, and it starts "if you are hunting small game" he is not, if it wasn't a small game/hunting restriction than it wouldn't be written that way. it would be written "if you were in the bush where there is an open season for deer, moose,.......etc" the rule is spelt out as you quoted from the hunting regs, IF YOU ARE HUNTING SMALL GAME ........, it doesn't matter how you explain it to a CO, they are not always right, and if you were not hunting small game or hunting at all and a co tried to charge you for it, all you would have to do is take the hunting regs to court and it would be over.
gun law is on the justice website and RCMP. hunting law is different, but if your not hunting then those rules don't apply

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Originally Posted by revr

go on the RCMP website and look up carry of firearm for wildlife protection, that's allows you to carry the firearm in the bush,
then go in the small games section of the hunting regs, that is where you will find the firearm restrictions,
BUT remember, this guy is wondering about carrying a firearm for wildlife protection, he is not hunting at the same time! if he was hunting then the hunting rules would come into effect, that's the key, he is not hunting!

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On the RCMP page related to use of firearms for wilderness protection, please not the following paragraph:

Note: This information applies only to the rules under the federal Firearms Act. Other laws and regulations may apply. For example:

• The National Parks Wildlife Regulations typically restrict the use of firearms in national parks, even though they may be "remote wilderness areas".
• Provincial regulations or municipal bylaws that restrict the use of firearms in a particular area may apply.
• Provinces may have restrictions on firearms usage outside hunting season to prevent poaching.
• Provisions in the Aeronautics Act apply to pilots who fly aircraft in wilderness areas

Using a Firearm for Wilderness Protection In general, the only firearms allowed for wilderness protection are non-restricted rifles and shotguns. The following individuals, provided they are Canadian residents and have a licence that allows them to possess restricted firearms, may be authorized to carry a handgun or restricted long gun for wilderness protection:

• licensed professional trappers, and
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location.

Licence and Registration Requirements

Under the Firearms Act, all firearm owners and users require a firearms licence, and all restricted or prohibited firearms must be registered*. When in possession of a firearm, an individual must be able to produce a firearms licence for inspection when asked by a peace officer. If it is a restricted or prohibited firearm, they must also have the associated registration certificate.

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Originally Posted by revr

see that's the thing, that restriction is under small game hunting! not in the general rules section, and it starts "if you are hunting small game" he is not, if it wasn't a small game/hunting restriction than it wouldn't be written that way. it would be written "if you were in the bush where there is an open season for deer, moose,.......etc" the rule is spelt out as you quoted from the hunting regs, IF YOU ARE HUNTING SMALL GAME ........, it doesn't matter how you explain it to a CO, they are not always right, and if you were not hunting small game or hunting at all and a co tried to charge you for it, all you would have to do is take the hunting regs to court and it would be over.
gun law is on the justice website and RCMP. hunting law is different, but if your not hunting then those rules don't apply

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Take the regs to court and it would be over, yes, but not in your favour.
The above has been to court countless times and if the CO thinks you were hunting, so does the judge.

Where your interpretation of the above falls apart is:
a) The FWCA does not make any allowance for carrying firearms for protection from wildlife.
b) The FWCA does not make any allowance for going for a walk in the woods with a firearm and ammo as a non-hunting activity. Gun+ammo+area where game could be expected to found is hunting, unless you have a very good explanation.

still have to read it as "while hunting small game"

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Originally Posted by revr

Using a Firearm for Wilderness Protection In general, the only firearms allowed for wilderness protection are non-restricted rifles and shotguns. The following individuals, provided they are Canadian residents and have a licence that allows them to possess restricted firearms, may be authorized to carry a handgun or restricted long gun for wilderness protection:

• licensed professional trappers, and
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location.

Licence and Registration Requirements

Under the Firearms Act, all firearm owners and users require a firearms licence, and all restricted or prohibited firearms must be registered*. When in possession of a firearm, an individual must be able to produce a firearms licence for inspection when asked by a peace officer. If it is a restricted or prohibited firearm, they must also have the associated registration certificate.

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See the paragraph I posted above, taken from the same page. You can't just cherry pick there web site for what suits your fancy. They explicitly state that other regulations may apply (and they do).

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Originally Posted by werner.reiche

See the paragraph I posted above, taken from the same page. You can't just cherry pick there web site for what suits your fancy. They explicitly state that other regulations may apply (and they do).

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just got off the phone with the MNR, they said you can carry a firearm unless you are hunting, if you are hunting you have to follow the hunting regs, definition of hunting is on pg 86 of the hunting regs. I am trying to get ahold of a CO to verify with them!
I will let you know what they say.
im not here to argue, just would like the actual answer. if it wasn't in the small game restrictions it would be no question.

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Originally Posted by revr

just got off the phone with the MNR, they said you can carry a firearm unless you are hunting, if you are hunting you have to follow the hunting regs, definition of hunting is on pg 86 of the hunting regs. I am trying to get ahold of a CO to verify with them!
I will let you know what they say.
im not here to argue, just would like the actual answer. if it wasn't in the small game restrictions it would be no question.

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Your above post is confusing. Is it you CAN carry, or CANT carry.....if they said you CAN'T carry a firearm, that blanket answer is wrong.
You CAN carry IF you can prove you are not hunting. There was just an article in OOD on traditional bow hunting. It mentioned carrying his bow in the off season stump shooting in the bush. This would be lawful.....

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Originally Posted by revr

still have to read it as "while hunting small game"

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Gun+ammo+area where game could be expected to found is hunting, unless you have a very good explanation.

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Originally Posted by rick_iles

Your above post is confusing. Is it you CAN carry, or CANT carry.....if they said you CAN'T carry a firearm, that blanket answer is wrong.
You CAN carry IF you can prove you are not hunting. There was just an article in OOD on traditional bow hunting. It mentioned carrying his bow in the off season stump shooting in the bush. This would be lawful.....

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they said you can carry a firearm in the bush if you are not hunting, but if you are hunting you have to follow the hunting regs on firearms.