Hydro corridors are also decent open ground areas where you're likely not going to be bothered.
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Hydro corridors are also decent open ground areas where you're likely not going to be bothered.
Do yourself a favour and do not discharge any form of weapon whether its a bow or otherwise in city limits, my muni does not use the 'code' for its definition of a firearm and makes no reference to what makes up a firearm so I emailed and was told in writing that the muni's version of a firearm includes bows and airguns. If you are fined for a discharge of firearm in city limts I am quite sure the judge would find you guilty otherwise the city parks would be full of bows and airguns, and you risk losing your PAL (or not being eligable for one).Quote:
Originally Posted by Bluebulldog
Bluebulldog is incorrect in his interpretation of 'inclusion', a bow does not need to be defined and has been left that way on purpose so as to give the local law enforcement room for interpretation. The overriding rule is that of a reasonable person test, with lack of other rules you must act as any other reasonable person would. In this situation it is definately reasonable that an errant arrow could hit private property or others using the land. It is your duty to act in a safe manner.
My advice is to look around for some archery clubs and join one, its more social and you will learn lots too.
Did you review the bylaw for your municipality? Or did some desk functionary just say so? If the discharge bylaw does not define bows as being prohibited, then a person can reasonably do so. If in their back yard, or a patch of open ground within reason. The obvious caveat is that public safety isn't put at risk.Quote:
Originally Posted by Marker
If your municipalities bylaw defines bows as firearms that's fine, but if it is not specified, and you are in an area that doesn't endanger the general public, then you can indeed practice with your bow.
You seem awfully knowledgeable on the law. Do you also know that it isn't a judge at all that would be reviewing any bylaw infraction? It would in fact be a JP.
Why should the OP pay hard earned money to join a club to be in compliance with non existent legislation?
I used to work in law enforcment. I am quite sure that any charge that is reasonable would go to the judge via the JP, it is the test of reasonability that trumps and results in case law which makes up most of the rules we live with. And it is through this test that shooting a bow in city limits which is designed to kill big game could reasonably do damage to personal property or cause injury.Quote:
Originally Posted by Bluebulldog
You can be "quite sure" all you would like.Quote:
Originally Posted by Marker
You are not a judge, and it's really easy to say "I used to work in law enforcement" on an internet forum, now isn't it?
I do work for a Municipality. Dufferin County to be exact. In the building and bylaw dept. My credentials can be easily verified. If you bother to look, our corporate offices are at the County Courthouse. Where I interact with 3 different police forces, the Crown Attorneys office, the JPs, OCJ, and SCJ on a routine basis.
If a person shows no disregard for public safety, eg they find a vacant lot, open patch of ground, bush lot, etc. They have shown a duty of care that their activity will not harm. Much the same as an individual going to a field with a golf club and some balls. As long as they are not hitting towards the playground equipment, or where people are using the area, they are fine.
Obviously all within reason. No one is advocating for persons to walk around with their bow and arrows, nor should they have their broadheads.
If the Municipality has not defined bows as probib under the discharge bylaw, nor in any other bylaw, and the person is not acting in a manner which endangers the public at large, they are fine.
I am not in by law or law enforcement but I see many works like "reasonably" and "without putting the public safety at risk" and "within reason". What two people call reasonable can be two very different things, who makes the decision what is and what is not resonable, seems like a mighty big grey area to me that could lead one down a path containing a whole lot of trouble? Given how the law typically over defines EVERYTHING, I find it hard to believe it is not spelled out in an easier manner.
I did in fact see this. I was unsure what was considered a firearm myself as I know it changes from area to area. I went one step further and made a visit to the local law inforcement and I was told that it was at the discression of the officer if I was endangering the public. As above, they also confirmed that bows were not mentioned so with that it was a grey area and recommended against it.Quote:
Originally Posted by Bluebulldog
On a good note, I have found a location to preactice. One of the office clerks overheard my questions and offered to introduce me to her husband that also bow hunts. I know have permission to go to their farm and practice anytime I want as long as they are aware that I will be there.
On a side note, I surely did not want to start a debate and I thank all for their input on the subject maybe it will provide some information for anyone else with questions like this. My suggestion is call the local law enforcement and get it from the horses mouth. And hey you never know, you could end up with a hunting partner too lol.
Thanks everyone.
Debate, and discussion is what this board is all about.
No one agrees 100% of the time, but then, do you agree with your buddies all the time either?
I think it's all in context.
I deal with legal contracts all the time.
We sign documents between two parties, each is usually 6-7 pages long. Within the body of those documents are many standard terms, words and phrases. Behind those documents is a three to four hundred page reference book. Every word/term/phrase that's capitlized can be found within the massive tomb and its "legal" definition.
Far be it for me to say A is legal, or Illegal, what to do, what not to do.
If not sure, don't do it and/or verify with the appropriate authority.
Whitby is no discharge (antire region almost went no discharge). Bows are used within town limits. Most municiplaities that I've read do or dont define "firearm" and do or dont include Bows.
Again, dont do anything based on my say-so.
Just for illustrative purposes.
"Your honor, can you show me where it says a Bow is prohibited"
No? Its not there? I guess we are done then, aren't we?
"your honor, can you show me where the law defines what the speed limit is"
If it doesn't spell it out......Legal definitions are there, so as to remove any misunderstandings and any wiggle room.
Which is precisely what I referred to a few posts ago. Bylaws are accompanied with definitions, so as to avoid wiggle room under prosecution.
Put out this to a couple of the local cops. Their take was if the person wasn't behaving like a tool, they wouldn't care. They did mention that if they set up in a corner of a local park, having a couple of traffic cones or caution tape set out would be seen as taking due care not to endanger anyone.