Waterfowling in a boat question.

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Originally Posted by cdnvizsla

OK quite simply. It is UNLAWFUL to transport a loaded firearm in a vehicle or vessel. It would therefore be unlawful to discharge said firearm while the vessel is in motion. Like it or not the Firearms Act trumps the excuses being set forth on here about the need to recover game.

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Hey Viz.....this section:
LOR=#1f497d]FWCA s. 17.(1) A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not,
[COLOR=#1f497d](a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if,
[COLOR=#1f497d](ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act,1994 (Canada);
[COLOR=#1f497d]
[COLOR=#1f497d]I would add, any person attempting [COLOR=#1f497d]to retrieve a migratory bird they have crippled or injured as per s. 16 MBRs, [COLOR=#1f497d]should do so in a manner that best ensures the safety of themselves and others; and once the crippled bird has been retrieved or the hunter’s attempt to retrieve the bird has ended, their firearm if loaded, should be immediately unloaded.

This is the extract of the Federal Act that is the go to for reference.

Gerry Brunet...there's a name I haven't heard in a long time. 23 years ago I was hunting out of Moosonee with him and a couple MNR CO's. We were hunting snow geese on the coast. They told me that they were all up there doing a polar bear study, which I thought was weird, but whatever.

The following year they told me they were actually up there doing an investigation into goose hunters up north in the coastal communities and the polar bear study was their cover story.

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Originally Posted by mtaz

Definitely written by someone who has never been diver hunting before. It would be funny to see it done this way though, chase the duck, jam the motor in reverse, shut the motor down and pray the duck doesn't dive (and if it does hope when it resurfaces its still in range).

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ive done this in a boat with a electric trolling motor... think it took me about a half hour to finally get the thing! Fun times!

As with the majoprity of Federal Legislation around firearms there is a dissenting position in the Firearms Act.


Transportation of Non-Restricted Firearms

• 10 (1) An individual may transport a non-restricted firearm only if
  
  • (a) except in the case of a muzzle-loading firearm that is being transported between hunting sites, it is unloaded; and
  • (b) in the case of a muzzle-loading firearm that is being transported between hunting sites, its firing cap or flint is removed.
  
  
• (2) Subject to subsection (3), an individual may transport a non-restricted firearm in an unattended vehicle only if
  
  • (a) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the non-restricted firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
  • (b) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the non-restricted firearm is not visible from outside the vehicle and the vehicle, or the part that contains the non-restricted firearm, is securely locked.
  
  
• (3) If, in a remote wilderness area that is not subject to any visible or otherwise reasonably ascertainable use incompatible with hunting, an individual is transporting a non-restricted firearm in an unattended vehicle that is not equipped with a trunk or similar compartment that can be securely locked, and the vehicle or the part of it that contains the non-restricted firearm cannot be securely locked, the individual shall ensure that the non-restricted firearm
  
  • (a) is not visible; and
  • (b) is rendered inoperable by a secure locking device, unless the individual reasonably requires the non-restricted firearm for the control of predators.

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Originally Posted by Labber

You may be right. The law is written, so that a literal interpretation, would support your position. If that is the case, then even shooting from a canoe, is illegal. I think a judge would take into consideration, the intent of the law. But I'm no lawyer.

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Hunting from a canoe is illegal if the canoe is driven by a motor (electric or motor). If you are paddling, you are fine.

As I see the law using a powered boat to retrieve a cripple (which may need to be dispatched to retrieve) is acceptable provided you aren't doing it in a dangerous manner (skipping across the water at 15km/h by yourself and then taking your hands off the engine as you travel that speed to shoot the cripple) or making the shooting your very first attempt at retrieving a cripple which could easily be retrieved (open water and the animal is simply flapping for example) would probably warrant charges. It wouldn't surprise me if that is one of the reasons for the ambiguity of the law's writing. This allows a CO to bring up a charge if he sees something extremely dangerous or stupid happening but lets a pass go for guys who have made repeated attempts to retrieve and have been unsuccessful because the duck is still very much alive and has to resort to finishing off the bird.

Dyth

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Originally Posted by cdnvizsla

As with the majoprity of Federal Legislation around firearms there is a dissenting position in the Firearms Act.


Transportation of Non-Restricted Firearms

• 10 (1) An individual may transport a non-restricted firearm only if
  
  • (a) except in the case of a muzzle-loading firearm that is being transported between hunting sites, it is unloaded; and
  • (b) in the case of a muzzle-loading firearm that is being transported between hunting sites, its firing cap or flint is removed.
  
  
• (2) Subject to subsection (3), an individual may transport a non-restricted firearm in an unattended vehicle only if
  
  • (a) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the non-restricted firearm is in that trunk or compartment and the trunk or compartment is securely locked; and
  • (b) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the non-restricted firearm is not visible from outside the vehicle and the vehicle, or the part that contains the non-restricted firearm, is securely locked.
  
  
• (3) If, in a remote wilderness area that is not subject to any visible or otherwise reasonably ascertainable use incompatible with hunting, an individual is transporting a non-restricted firearm in an unattended vehicle that is not equipped with a trunk or similar compartment that can be securely locked, and the vehicle or the part of it that contains the non-restricted firearm cannot be securely locked, the individual shall ensure that the non-restricted firearm
  
  • (a) is not visible; and
  • (b) is rendered inoperable by a secure locking device, unless the individual reasonably requires the non-restricted firearm for the control of predators.

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Federal Firearms Regs don't apply in this instance. The firearm is in use, not merely being transported.

Wow.....16 pages in.....has to be a record.

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Originally Posted by rick_iles

Federal Firearms Regs don't apply in this instance. The firearm is in use, not merely being transported.

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Correct!

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Originally Posted by rick_iles

Federal Firearms Regs don't apply in this instance. The firearm is in use, not merely being transported.

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The Firearms Act is the penultimate legislation regarding firearms in Canada.
Tomato, tomato but either way it stands to be an expensive splitting of hairs if you are going to rest on "its in use".

Remember not all law enforcement hunt, and some are straight out opposed to it, despite its legality.

Though it may be the responsible way to collect ducks, on the wrong day you may find yourself gunless, boatless and staring out a set of bars.
Be patient, bring them in to gun range, not just perceived gun range and this problem will take care of itself.

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Originally Posted by cdnvizsla

The Firearms Act is the penultimate legislation regarding firearms in Canada.
Tomato, tomato but either way it stands to be an expensive splitting of hairs if you are going to rest on "its in use".

Remember not all law enforcement hunt, and some are straight out opposed to it, despite its legality.

Though it may be the responsible way to collect ducks, on the wrong day you may find yourself gunless, boatless and staring out a set of bars.
Be patient, bring them in to gun range, not just perceived gun range and this problem will take care of itself.

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Have to disagree with the gunless observation as I have discussed the issue at length with the top MNR Enforcement officer and the Federal Enforcement Branch as well. They were extremely clear in their responses. I do hope they are clear in their response in an upcoming magazine.

I am 100% behind your last statement though. Nothing could be clearer than that. If people understood the effective killing range then there would be fewer cripples. I know s$%^ happens, not all shots are perfect but better to shoot over the 'blocks' and have a much higher rate of clean kills. The diver shooters here know how tough that can be though and chasing birds is inevitable.