I think it would depend on the CO you encounter..Lets see here,in a blueberry patch with a shotgun with slugs???? hmmm could very easily be seen as hunting imo.Not saying that is the intention but you may be before a judge trying to explain it.
I think it would depend on the CO you encounter..Lets see here,in a blueberry patch with a shotgun with slugs???? hmmm could very easily be seen as hunting imo.Not saying that is the intention but you may be before a judge trying to explain it.
If you run into a CO who goes by the old rule book that said "possession of a gun in an area that game inhabits is prima face (or whatever) evidence of hunting", then you might be in trouble.....I grew up during a time when the rules were fewer but spelled out in a clearer manner. We could not carry a gun in the bush if there was nothing legal to shoot! Of course we COULD carry a pistol in a shoulder holster if we had the right paperwork.....
Although legal, try explaining to a CO that your not hunting when you are in a field with a shotgun that's loaded.
I choose my battles, I keep a gun with me at my camp and I carry it in the truck. But if I was out durring the day in a field picking berries and there is no open season for anything.... A CO is going to look at you and say. Looks like your hunting, your in an area for hunting and don't look like your target shooting. Just isn't worth the argument.
Quote:
Originally Posted by topher
I'm 99% sure that you would be legal to carry your gun but if you are looking for protection while picking berries bear spray is your best bet think about it where will your gun be while you are picking berries on the ground 15' away or up against a tree 25' away bear spray would be on your belt ready to rock and it won't kill anyone with you if you need to use it just saying you may not know exactly where you can safely shoot a 12 gauge slug in an instant after looking down for a long period of time.
Why,blueberries won't attack you.Quote:
Originally Posted by alfoldivandor
Its one of the rare instances where your guilty till proven innocent. Seems reasonable enough for the law abiding individual however how does a CO differentiate a poacher from a fatalist. I'm sure when the number of blueberry picker attacks go up it might be different. For now make noise, use a whistle and carry bear spray. Leave the shot gun at home. Really don't want a nervous and jumpy person in the woods with a shotgun since that rustling bush may just be another berry picker.
These type of comments always come up and the best advice is to call the MNR and ask. They will give you the correct answer.
So I guess if im out walking with my gun and doing some plinking in a totally legal scenario, and come across a patch of blueberries I better not stop to pick some.....
Finsfurnfeathers is right. In hunting you are not innocent until proven guilty. You have to be able to prove without a doubt you are not hunting. If you were clearly target shooting in an area that allows discharge thats one thing. Picking berries with a shotgun is going to be hard to explain to a co and if they dont believe you that its for protection only you will be charged with hunting out of season. If you do take your gun with you i would make sure i was wearing bright non hunting colors definitely leave the camo at home.
Unless you can prove beyond a shadow of a doubt that you are not hunting/poaching you could be charged.
It's not hard to understand or see it through the eyes of a CO. If you happened upon someone in let's say a blueberry field and you have a loaded shotgun sitting there or slung over your back loaded with slugs and at that time there is no open season for anything, nearest pit is several km's away. Well up to you to prove your innocent.
Not worth the hasal to me.
Quote:
Originally Posted by bdog