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also regarding hunting from a vehicle, i'll muddy this thread a little more. don't forget about disabled permits. just because you see someone firing from an atvs doesn't mean they're necessarily illegal, i hunt with guys that can shoot from a vehicle.
So how could you be charged for something that the CO thinks you may do ?? bowhunting in the bush and having a rifle in your trunk. He cant charge you because he thinks you may use the rifle on a deer. If he sees you using the rifle on a deer then you would be fooked proper.
Cop cant charge you for hanging outside a variety store cause he thinks you may rob it.???
Agreed . A gun on your person with a bow while bowhunting deer will get you charged .
[QUOTE=seabast;938279]Nope, this is not what we are saying. We all know that you can carry a gun or a riffle to hunt yotes, ducks, and so on during the deer bow season.
What we are saying is, if you are in your tree stand with a bow to hunt deer, you are not allowed to have a gun or a riffle in your vehicle.[/QUOTE]
I know, I brought this up and this is exactly what I mentioned again to you.....Quote:
Originally Posted by Fox
The summary you have been leaning on, are not the Regulations. Please post the Section in the FWCA and/or Regulations to the FWCA that support your position. I'll make it easy.....note the words "use" and "carry". In order to be an offence, you have to be caught doing one of the two. Nothing about being in a vehicle.Quote:
Originally Posted by werner.reiche
70 - O.Reg 665/98
Carry illegal firearm during deer hunt
Set Fine: $300.00
Total Payable: $365.00
A person who hunts deer, elk or moose shall not use or carry a firearm unless the firearm is of a class specified for use during the open season applicable to the species, person and area in Ontario Regulation 670/98 (Open Seasons — Wildlife).
Read the rules. i have dealt with COs as much or more than anyone here since i'm an outfitter with a hunting and fishing outpost that keeps 30-40 guests per week in the north.Quote:
Originally Posted by Hunter John
i only have the fishing regs on me to quote, but the CO definition are identical regardless. They have full authority to arrest you based on what they think you're doing or may do. (key on the final point here for proof)
"When carrying out their duties, conservation officers may:
• Stop and inspect a vehicle, boat or aircraft
• Ask questions relevant to the inspection
• Inspect buildings or other places
• Require assistance to complete inspections
• Enter onto private property to perform their duties
• Search with a warrant
• Search without a warrant in circumstances requiring immediate action
• Seize items related to an offence
• Arrest anyone they believe has committed, is committing, or is aboutto commit an offence."
it will then be incumbent upon you to prove your innocence. also, in this case, if you are bow hunting and have a gun in your car, he doesn't have to assume anything, you already broke a law.
The exception for disabled hunters is to allow loaded firearms on and discharged from a vehicle.Quote:
Originally Posted by flytyermiller
No, what was meant was the arrest authority, not charge authority. You can be arrested if the officer has reasonable and probable grounds to believe you are about to commit an offence where such arrest authority pertains.Quote:
Originally Posted by Hunter John
Fish and WildlifeConservation Act, 1997Quote:
Originally Posted by Fox
S1 “hunting” includes,
(a)lying in wait for, searching for, being on thetrail of, pursuing, chasing or shooting at wildlife, whether or not thewildlife is killed, injured, captured or harassed, or
(b)capturing or harassing wildlife,
S24 Vehicles, boatsand aircraft, use for hunting, etc.
Vehicles
24. (1) Aperson shall not use a vehicle for the purpose of killing, injuring, capturing,harassing, pursuing or chasing wildlife.
Boats
(2)A person shall not use a boat for the purpose of killing, injuring, capturing,harassing, pursuing or chasing wildlife.
Therefore a vehicle or boat can be used to lie in waitfor, search for, or be on the trail of wildlife, which is considered to behunting.
When it comes to asking C.O.'s their interpretation of the laws, you may find that even they differ in their interpretations of what the sections mean, especially in regards to tough ones to get your mind around like this issue. At the end of the day, it is the court which will determine what is right and wrong with regards to the black and white and intent od the law.
I know, I was simply implying for the forthcoming questions about a vehicle likely being on a road or roadway in order to have arrived there to shoot.Quote:
Originally Posted by rick_iles
But your point is well taken.