Using a Handgun on Private Property

[Paul Neal]

In my opinion and that of at least one firearms lawyer you can use a restricted firearm at the property where the registered dwelling house is located provided that it is a section 15 place. Note that the possession requirements under the CC require that you may only possess the firearm "at" the registered dwelling house not "in" the registered dwelling house. Therefore the moment you cross the registered property line with a handgun it had better be trigger locked and encased and locked because it is no longer being used or possessed. It is being transported. If you live at a section 15 place, ie a farm within a municipality which has no bylaws to prohibit the discharge of the class of firearm you are using and if the place is a safe place to discharge it and you are not operating a range which is used on a "regular and structured basis" then the prevailing opinion is that you may load, handle and discharge a restricted firearm there. Much of the law that leads to the often-used but not legally correct phrase, "the only place you can shoot a restricted firearm is an approved range" is based on having legal possession of the R at a place. You wouldn't have legal possession at a friend's place or your farmer-friend's gravel pit so that would be illegal irrespective of the fact that the place may otherwise be a safe, section 15 place. Many CFOs (at least BC and Ontario, maybe more) allow you to store a R at another of your properties on a temporary basis when attending a range near to that property provided that the range is quite a distance from your registered dwelling house perhaps requiring an overnight stay. This is the travel to distant range/overnight stay provision which really isn't written down in law anywhere in a way that hits you between the eyes. Once there, and if it is a section 15 place you have satisfied both elements of the requirements for usage, those being legal possession at a place and section 15 so you're go to go. None of this is legal advice. I am not a lawyer. Get your own opinion from a lawyer or your regional CFO.

[MikePal]

In my opinion and that of at least one firearms lawyer you can use a restricted firearm at the property where the registered dwelling house is located provided that it is a section 15 place.

That be true..I have a neighbour down the road that has a licenced Restricted range . He had to jump thru the hops and have it inspected by the CFO but is good to go now.

Welcome to the forum Paul !!

[trimmer21]

This excellent post pretty much sums everything up,perfectly. It will be very interesting to see what transpires over the next 10 years. Hopefully,Gilroy is right if other than a bunch of hootin',hollerin' and political posturing,not one damn thing changes. Sure works for me.
BTW,someone mentioned Patvetzel. We haven't heard from him since July last year. Does anyone know where he went or if he's still with us?

https://www.oodmag.com/community/sho...74#post1142274

Just in case anyone missed this. This may be an older post,but,this is what he did best.

[Paul Neal]

Thanks Mike but my point was that you can shoot your R at your property without it being approved as a range. There is no provision in law that I can find that creates a prohibition in respect to discharging a handgun at a place which is not an approved range. Section 15 is the only federal section that regulates where a firearm (R or non-R) can be discharged. It refers to provincial and municipal laws so you have to know them too so that you don't run afoul of them and therefore by consequence, s. 15.

[greatwhite]

I don't think I would chance it, if the cops show up at minimum your guns will be confiscated and you will be going to court in the mean time your PAL will also be suspended.

Thanks Mike but my point was that you can shoot your R at your property without it being approved as a range. There is no provision in law that I can find that creates a prohibition in respect to discharging a handgun at a place which is not an approved range. Section 15 is the only federal section that regulates where a firearm (R or non-R) can be discharged. It refers to provincial and municipal laws so you have to know them too so that you don't run afoul of them and therefore by consequence, s. 15.

[glenno]

I have had RESTRICTED handguns (Revolvers &single shot pistols) since the mid 70's in the east and for over 40 years,here in B.C.
You can NOT fire a restricted handgun anywhere except at an APPROVED (cfo officer approved) RANGE ,regardless of where you live in Canada.REGARDLESS of what a lawyer tells you !!!!!!!!!!!!!!!!!!
Of course there is the rare/hard to access WILDERNESS CARRY permit.......the 3 people I know who have/had them are ALL retired r.c.m.police and are FREEMINERS( Amature prospectors) here in B.C. I have had a FREE MINERS CERTIFICATE since 1978 and STILL can not aquire a WILDERNESS CARRY PERMIT......I was told by the CFO in Surrey B.C. to buy ''ONE OF THOSE 12'' or 8 .5''barrel DOMINION pump shotguns. If one thinks the r.c.m.police are aware of someone shooting a restricted firearm on their property and will NOT show up and arrest you....you really DO need a good lawyer..... Our firearms laws make no sense......cut down your shotgun's barrel (s) less than 18.5'',you are looking at jail time !!BUT you can buy ,as mentioned above, a chinese pump 12 ga. with a 12'' or even 8.5'' barrel.....go figure !!

[trimmer21]

Thanks Mike but my point was that you can shoot your R at your property without it being approved as a range. There is no provision in law that I can find that creates a prohibition in respect to discharging a handgun at a place which is not an approved range. Section 15 is the only federal section that regulates where a firearm (R or non-R) can be discharged. It refers to provincial and municipal laws so you have to know them too so that you don't run afoul of them and therefore by consequence, s. 15.

Case law generally holds that possession of restricted/prohibited firearms is allowed only within the domicile proper. There's a lot of research you can do here. www.canlii.ca

[Fox]

I have had RESTRICTED handguns (Revolvers &single shot pistols) since the mid 70's in the east and for over 40 years,here in B.C.
You can NOT fire a restricted handgun anywhere except at an APPROVED (cfo officer approved) RANGE ,regardless of where you live in Canada.REGARDLESS of what a lawyer tells you !!!!!!!!!!!!!!!!!!
Of course there is the rare/hard to access WILDERNESS CARRY permit.......the 3 people I know who have/had them are ALL retired r.c.m.police and are FREEMINERS( Amature prospectors) here in B.C. I have had a FREE MINERS CERTIFICATE since 1978 and STILL can not aquire a WILDERNESS CARRY PERMIT......I was told by the CFO in Surrey B.C. to buy ''ONE OF THOSE 12'' or 8 .5''barrel DOMINION pump shotguns. If one thinks the r.c.m.police are aware of someone shooting a restricted firearm on their property and will NOT show up and arrest you....you really DO need a good lawyer..... Our firearms laws make no sense......cut down your shotgun's barrel (s) less than 18.5'',you are looking at jail time !!BUT you can buy ,as mentioned above, a chinese pump 12 ga. with a 12'' or even 8.5'' barrel.....go figure !!

I actually called the Ontario CFOs office, that is an incorrect statement. There are also no approved ranges that are for private use only, the approved ranges are for businesses only, anyone who has an "approved restricted range" that is approved by the CO has to have it considered run by a business as they do not approve ranges that are private. This is from the CFOs office directly.

I also asked about shooting on your own property, she originally said no, I asked her to find the legislation and after 30min then another 15 on hold for her to talk to a supervisor she came back and said that there is no law federally that says you cannot shoot on any property that you are allowed to possess your restricted firearm, as long as you have an ATT that allows you to go to that place and have it there then you can use it, since you are allowed to have it at your home you can shoot on your property based on the federal gun laws. That being said she stressed that provincial and municipal laws do restrict the use of restricted firearms within their boundaries and that you would need to look into the them and verify that you can use them on your own property based on the province and municipality that you live.

Moral of the story, the LEOs in this area would not know as much about the gun laws as I do and I am not going to court for years because my neighbour saw me shoot handguns on my property, but you have to call the proper authorities and get the information yourself to decide based on what you are told and what legislation is there to back it up, the legislation is key.

Sorry glenno but as you stated the gun laws make no sense and they are also not very clear. If you want to carry in the wilderness and not worry about what the firearms law says about restricted get yourself an antique loaded in 455 Webley or 44 Russian, not as good as a 44 Mag but not a pea shooter either, and you can shoot them anywhere that you can shoot a non-restricted, that is very easily backed by legislation.

[MikePal]

I actually called the Ontario CFOs office, that is an incorrect statement. There are also no approved ranges that are for private use only, the approved ranges are for businesses only, anyone who has an "approved restricted range" that is approved by the CO has to have it considered run by a business as they do not approve ranges that are private. This is from the CFOs office directly.

So if your business is a gunsmith or ammunition loader out of your house/garage, then you can have an approved 'R' range in you back yard.

[rippin_355]

I actually called the Ontario CFOs office, that is an incorrect statement. There are also no approved ranges that are for private use only, the approved ranges are for businesses only, anyone who has an "approved restricted range" that is approved by the CO has to have it considered run by a business as they do not approve ranges that are private. This is from the CFOs office directly.

I also asked about shooting on your own property, she originally said no, I asked her to find the legislation and after 30min then another 15 on hold for her to talk to a supervisor she came back and said that there is no law federally that says you cannot shoot on any property that you are allowed to possess your restricted firearm, as long as you have an ATT that allows you to go to that place and have it there then you can use it, since you are allowed to have it at your home you can shoot on your property based on the federal gun laws. That being said she stressed that provincial and municipal laws do restrict the use of restricted firearms within their boundaries and that you would need to look into the them and verify that you can use them on your own property based on the province and municipality that you live.

Moral of the story, the LEOs in this area would not know as much about the gun laws as I do and I am not going to court for years because my neighbour saw me shoot handguns on my property, but you have to call the proper authorities and get the information yourself to decide based on what you are told and what legislation is there to back it up, the legislation is key.

Sorry glenno but as you stated the gun laws make no sense and they are also not very clear. If you want to carry in the wilderness and not worry about what the firearms law says about restricted get yourself an antique loaded in 455 Webley or 44 Russian, not as good as a 44 Mag but not a pea shooter either, and you can shoot them anywhere that you can shoot a non-restricted, that is very easily backed by legislation.

I personally know and worked with a fellow who has an approved range in his backyard. CFO stamped and approved. Not going to happen for the average Joe but if you know the right people!

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