Definition of Sharing a firearm?

Poor guy asked a question so he gets it clear in his head and gets all this to read through.lol

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Originally Posted by Sinker

Only one gun can be out of the case. You can bring as many as you want, but you can only have one uncased and loaded.

More than one uncased, and your asking for trouble.

S.

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Agree with this also. You can have 10 guns with you when you are hunting solo as long as only one is out of the case. Cant see why it would be different with an apprentice....

If you are moose hunting with an apprentice you would probably still want to bring your partridge plinker along too.....as long as only one is uncased.

I've been on a few goose hunts myself where I wish I had a coyote rig with me as well.

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Originally Posted by welsh

Migratory Birds Regulations, Section 5 (General Prohibitions):
(11) Despite subsections (1) and (3), a minor may hunt the migratory birds referred to in column 2 or column II, as the case may be, of Table I of any Part of Schedule I without a permit only during the days that are set out in that column, referred to in Table I as “Waterfowler Heritage Days”, if the person

(a) is lawfully able to hunt in the province or territory where the hunting will occur; and

(b) is accompanied by a migratory game bird hunting permit holder who is not a minor.

(12) The permit holder referred to in paragraph (11)(b) must not, during the days referred to in subsection (11)

(a) have in their possession or use a firearm while accompanying the minor; and

(b) accompany more than two minors at one time.



Well, I'm glad we cleared that up.

A minor may hunt without a licence on a designated Waterfowler Heritage Day, if accompanied by a mentor who is not permitted to "have in their possession" or use a firearm, although this does not apply to this specific case. That's exactly what I wrote before.


While you accuse me of spewing BS, note that I haven't said that having a second gun is definitely not allowed, only that it is arguably not allowed, and that this would depend on the judgment of a CO. So rather than relying on some guy on the Internet claiming he knows all the rules, you should ask a CO.

I'm not sure what part of "ask a CO" you find so offensive. I am not the only person here making that suggestion.



But what the offence actually is depends on how the law is worded. Nothing in the law here refers to you actually hunting. It is a requirement to share a single firearm. If this is interpreted to mean you can't have a second gun with you, then you commit the offence by having the second gun. And because the FWCA is absolute liability, what you intended to do with that second gun is irrelevant.



This is my entire point. And as I've said before, I believe most COs, even if they thought the letter of the law said otherwise, would look at your encased gun, decide you were complying with the spirit of the law, and leave you alone.

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Your a real piece of work. You must have something better to do, no?

All of what you posted there is totally irrelevant to the question.

Heritage day? When did we start that conversation?

Bottom line is the OP CAN take his gun, and as long as there is ONLY one gun UN-cased and used or carried by the apprentice, it doesn't matter how many other guns are with them, so bringing his gun along to take turns is totally legal.

You can turn the words around all you want, and pull legislation from wherever you want, I'll just stick to the original question, and the FACTS.

S.

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Originally Posted by Sinker

Heritage day? When did we start that conversation?

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Someone suggested that the Migratory Birds Convention Act was the governing legislation.

I pointed out that the Hunter Apprentice rules were provincial, not federal, and that the only way the MBCA said anything even remotely similar was with respect to the Heritage Days, which had nothing to do with the OP.

Then you chose to attack me over it by suggesting no such rule exists and I am spewing BS on a topic I know nothing about, so I pointed to the actual regs.

That's how we started that conversation: you did it. We were having a civil conversation up until you started making personal attacks. You were the one who made an issue of what the rules for Heritage Days actually are, you were the one who accused someone of spewing BS, you were the one who made it personal.

I have said from the start that the thing in the federal regs re Heritage Days is irrelevant. Apparently you didn't read those parts.

Just stick to the original question, OK? Your confusing everyone who might read this. The answer is simple.

Thanks! :)

Have a great day!

S.

Yes, the answer is simple: ask a CO, instead of taking the word of some guy on the Internet.

As for taking this off topic, you were the one who demanded I post details instead of leaving it at "The feds only say this, which doesn't count."

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Originally Posted by Sinker

Bottom line is the OP CAN take his gun, and as long as there is ONLY one gun UN-cased and used or carried by the apprentice, it doesn't matter how many other guns are with them, so bringing his gun along to take turns is totally legal.

You can turn the words around all you want, and pull legislation from wherever you want, I'll just stick to the original question, and the FACTS.

S.

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To say unequivocally that the OP can certainly have as many guns with him as he wants in the situation described is overly simplistic. Have you obtained such an opinion from someone who is qualified to make this determination? Or are you just giving your opinion. If it is the latter, you might want to clarify this.

Personally, I don’t think the issue is as simple as some appear to believe. As another poster pointed out, the issue comes down to the interpretation of or “carry” or “use”. Below I have quoted an instance from the hunting regulations summary where the MNRF gives a very broad interpretation of these terms (pg 75):
“Big game, including black bears, may only be hunted with a firearm (this includes bows). If you are hunting deer or moose at the same time you are hunting black bears, you may only use or carry (on your person, in a vehicle or boat) a firearm of the type permitted for deer or moose, as the case may be, at that time in that Wildlife Management Unit (WMU).”

This seems to indicate that they consider having another firearm even in your vehicle or boat as “carrying” or “using” it. If this is the case, then having it in your blind would certainly be considered carrying it or using it. So if we extend this interpretation to the situation the OP is describing, the CO could consider that the additional firearms in the blind are being “used or carried” by either the apprentice or the mentor. In either case, there would be more than a single firearm being used or carried, which is against the rules.

In summary, I agree with those who advise the OP to get a determination made by a CO. If the OP gets a response, I hope he will share it, because it is obvious that others are interested in the subject.

So in a nut shell ( pun intended) On heritage day leave your gun in the car when the regular season starts have one gun in the case while the other is in use.

Sept 4th can't come soon enough

Lol so im going to be a sh% $ disturber here. How would this apply to crossbows? 1 xbow or 2

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Originally Posted by gp4ever

Lol so im going to be a sh% $ disturber here. How would this apply to crossbows? 1 xbow or 2

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This one is easy.....crossbows are firearms under the FWCA....