Transporting Firearms Before Legal Shooting Time

[greatwhite]

I have had that happen. In a accident with a bus other fella should have been charged but the cop felt sorry for hum. Took it to court crown called me and drop charges as no such law existed. I was asked if I wanted to go after the officer but I didn't.

If an officer writes a ticket knowing that the charge is invalid..he could very well be committing an offence himself. I think it is called malicious prosecution under the criminal code.

[Larson]

I have always disliked the law about encasing your firearms after legal shooting time. It's basically a law whose only purpose is to further discourage you from doing something else that is already illegal. Basically the safety/ethical issue is shooting after dark. In my opinion that should be the limit of the law, combined with requiring you to be unloaded after dark, because basically you have no business being loaded after dark, since you can't shoot. Requiring encasement just puts one more little burden on the guy who was already willing to play by the rules (i.e. 99% of us). And can you honestly tell me that if someone wants to shoot a deer or a duck after dark, that they won't usually have time to quietly slip their gun out of their gun sock? If you have time to load, you have time to take it out of the case. Standing around issuing tickets to people coming out of the marsh or woods after dark is a pointless and lazy money grab. Bust the real offenders, those actually in blinds or on stands after dark with loaded guns and those shooting at game after dark. Of course the MNR doesn't seem to have the resources for that -- easier to park at the side of the road and wait, and punish all for the actions of a few.

[Goosesniper]

What is disturbing here and in all cases. We all pay through the nose exorbitant amounts of taxes and there is not a single person out there. (Maybe human rights lawyers) who know their rights in this country. It's absolutely ridiculous that false charges can be laid. As a Canadian citizen we should have free resources and a hotline available when your are being retained for questioning or stopped by an officer. The thoughts of an officer being a hot head and knowing what your rights are can make the entire difference. In the particular case mentioned above the person should have resisted the charge. You can really be charges for resisting something that could not have been legally charged. IMO if you ask a question to a an officer relating to your particular situation and false information is provided as to your rights then it's similar to planting evidence IMO. Way to many innocent people harassed by law enforcement because we don't know our rights. Or you have to mortgage your house to pay for advice to know our rights. Just another government thing to keep the people under control.

[redd foxx]

I agree with the encasing law. I wish officers would use more discretion when enforcing it. Lets face it, the guys coming out of the marsh a little after dark with an unencased gun probably aren't a big treat to the resource or public safety and may benefit from a warning in this case. The guys driving down the back road with a 30-06, spotlight, clip in hand at midnight may be the guys one would want to take to court for night hunting. Wouldn't it be a shame if the C.O. had to wait until those guys actually loaded the gun a d fired the shot to deal with them. I say leave it the way it is and everyone use common sense, officers included. After all....what is the intent of the law? Nail the bad guys and take it easy on the honst!!

[blasted_saber]

I agree with the encasing law. I wish officers would use more discretion when enforcing it. Lets face it, the guys coming out of the marsh a little after dark with an unencased gun probably aren't a big treat to the resource or public safety and may benefit from a warning in this case. The guys driving down the back road with a 30-06, spotlight, clip in hand at midnight may be the guys one would want to take to court for night hunting. Wouldn't it be a shame if the C.O. had to wait until those guys actually loaded the gun a d fired the shot to deal with them. I say leave it the way it is and everyone use common sense, officers included. After all....what is the intent of the law? Nail the bad guys and take it easy on the honst!!

Ive heard TONS of shooting after legal "on the marsh". Those guys should be charged. Well after ive picked up my dekes and started the paddle back to the car, theres still blasting going on. How the hell they can see anything is beyond me, but they're still blasting away.

[greatwhite]

The first time I went Duck hunting when I was 16. I can remember vividly it was pitch dark and still morning light not yet out and I could hear people shooting but could not see my hand in front of my face.. That said I do think Co's need use some discretion.

Ive heard TONS of shooting after legal "on the marsh". Those guys should be charged. Well after ive picked up my dekes and started the paddle back to the car, theres still blasting going on. How the hell they can see anything is beyond me, but they're still blasting away.