Carry shotgun while filling feeders?

[revr]

Gun+ammo+area where game could be expected to found is hunting, unless you have a very good explanation.

ok just talked to a CO, they read through the regs with me on the phone, you can carry any non-restricted firearm any time of the year if you are not hunting. at first they said no, until they read the regs, after, they said that because of the way it is written that I was correct and it is only an issue if you are small game hunting. they also said they would have a lot of questions if they found someone in the bush with a high powered rifle, BUT if it is for wildlife protection eg baiting, canoe trip, camping ETC then there is nothing they can do, you are perfectly legal. but if they have reason to believe you are hunting you could end up in court.
it comes down to the way its worded and the fact that it is has the small game season in the rule.
they said its no different than target shooting, you can take your rifle out anywhere that's safe and target practice with any calibre you want as long as its non-restricted.

[Gun Nut]

see that's the thing, that restriction is under small game hunting! not in the general rules section, and it starts "if you are hunting small game" he is not, if it wasn't a small game/hunting restriction than it wouldn't be written that way. it would be written "if you were in the bush where there is an open season for deer, moose,.......etc" the rule is spelt out as you quoted from the hunting regs, IF YOU ARE HUNTING SMALL GAME ........, it doesn't matter how you explain it to a CO, they are not always right, and if you were not hunting small game or hunting at all and a co tried to charge you for it, all you would have to do is take the hunting regs to court and it would be over.
gun law is on the justice website and RCMP. hunting law is different, but if your not hunting then those rules don't apply

In the 2015 regs. there is a little catch all cause under CO page 28. It states that a CO is entrusted with the authority to enforce several different statue laws, and may..."Arrest anyone he believes has committed, is committing or is about to commit an offence." Also he may, ... "Seize items related to the offence."You may have your day in court' but in the meantime the CO will be holding on to all the evidence, guns, car, boat etc.

You don't stop hunting because you grow old. You grow old because you stop hunting
- Gun Nut

[Gun Nut]

Would I ever like to have that in writing. Is there any chance you could contact the CO again and have him put that in writing and when you get it in hand, scan it and posted it.

You don't stop hunting because you get old. You get old because you stop hunting.
- Gun Nut

[revr]

Would I ever like to have that in writing. Is there any chance you could contact the CO again and have him put that in writing and when you get it in hand, scan it and posted it.

You don't stop hunting because you get old. You get old because you stop hunting.
- Gun Nut

no, im not going to ask them to write up what is already written right in the regs, also it takes a while to get through to a CO, but you can always call your district office and ask to talk to enforcement and you can ask a CO their take on it.

[greatwhite]

The trick is to prove you are not hunting. If the CO see's you walking through the forest carrying a firearm let's say shotgun, rifle and nothing is in season. How do you intend to prove you are not hunting?? As it sure would appear that you are hunting.

In the 2015 regs. there is a little catch all cause under CO page 28. It states that a CO is entrusted with the authority to enforce several different statue laws, and may..."Arrest anyone he believes has committed, is committing or is about to commit an offence." Also he may, ... "Seize items related to the offence."You may have your day in court' but in the meantime the CO will be holding on to all the evidence, guns, car, boat etc.

You don't stop hunting because you grow old. You grow old because you stop hunting
- Gun Nut

[werner.reiche]

The trick is to prove you are not hunting. If the CO see's you walking through the forest carrying a firearm let's say shotgun, rifle and nothing is in season. How do you intend to prove you are not hunting?? As it sure would appear that you are hunting.

...and that's the problem with revr's plan.

It's been to court many times in Ontario already. If you have a gun and ammo, and are in an area where game may be expected to be found, the CO will assume you are hunting (a reasonable assumption) unless you have a very good explanation. And if the CO thinks you were hunting, the judge will go with the CO's opinion.

As far as carrying a firearm for wildlife protection, the FWCA does not make any allowances for that. The above will still be applied.

[revr]

...and that's the problem with revr's plan.

It's been to court many times in Ontario already. If you have a gun and ammo, and are in an area where game may be expected to be found, the CO will assume you are hunting (a reasonable assumption) unless you have a very good explanation. And if the CO thinks you were hunting, the judge will go with the CO's opinion.

As far as carrying a firearm for wildlife protection, the FWCA does not make any allowances for that. The above will still be applied.

I don't have a plan, I don't carry a gun unless I am hunting,
the question was is it legal or not.

[FishFrenzy]

Originally Posted by revr
Using a Firearm for Wilderness Protection In general, the only firearms allowed for wilderness protection are non-restricted rifles and shotguns. The following individuals, provided they are Canadian residents and have a licence that allows them to possess restricted firearms, may be authorized to carry a handgun or restricted long gun for wilderness protection:

• licensed professional trappers, and
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location.

Licence and Registration Requirements

Under the Firearms Act, all firearm owners and users require a firearms licence, and all restricted or prohibited firearms must be registered*. When in possession of a firearm, an individual must be able to produce a firearms licence for inspection when asked by a peace officer. If it is a restricted or prohibited firearm, they must also have the associated registration certificate.

they said you can carry a firearm in the bush if you are not hunting, but if you are hunting you have to follow the hunting regs on firearms.

A see a couple of issues with your argument here...

1. The statement you posted from the RCMP doesn't state that anyone can carry a firearm for protection in the wilderness, it states that certain professionals can

• licensed professional trappers, and
  
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location

2. You asked a CO if you could carry a firearm in the bush while not hunting. You didn't explicitly state is was for wildlife protection. If you are target shooting that's one thing. If you have your rifle packed with the rest of your belongings, while unloaded that's also different. However if you specifically asked if you're allowed to walk around with a loaded firearm for your protection against wildlife the answer may be different as the statement from the RCMP doesn't state that this is acceptable.

FishFrenzy

[revr]

Originally Posted by revr
Using a Firearm for Wilderness Protection In general, the only firearms allowed for wilderness protection are non-restricted rifles and shotguns. The following individuals, provided they are Canadian residents and have a licence that allows them to possess restricted firearms, may be authorized to carry a handgun or restricted long gun for wilderness protection:

• licensed professional trappers, and
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location.

Licence and Registration Requirements

Under the Firearms Act, all firearm owners and users require a firearms licence, and all restricted or prohibited firearms must be registered*. When in possession of a firearm, an individual must be able to produce a firearms licence for inspection when asked by a peace officer. If it is a restricted or prohibited firearm, they must also have the associated registration certificate.




A see a couple of issues with your argument here...

1. The statement you posted from the RCMP doesn't state that anyone can carry a firearm for protection in the wilderness, it states that certain professionals can

• licensed professional trappers, and
  
• individuals who need protection from wild animals while working at their lawful occupation, most often in a remote wilderness location

2. You asked a CO if you could carry a firearm in the bush while not hunting. You didn't explicitly state is was for wildlife protection. If you are target shooting that's one thing. If you have your rifle packed with the rest of your belongings, while unloaded that's also different. However if you specifically asked if you're allowed to walk around with a loaded firearm for your protection against wildlife the answer may be different as the statement from the RCMP doesn't state that this is acceptable.

FishFrenzy

you missed something in the RCMP statement, trappers and such can carry a restricted firearm

The following individuals, provided they are Canadian residents and have a licence that allows them to possess restricted firearms, may be authorized to carry a handgun, etc.

I had a 25 minute talk with the CO, we talked about every situation, baiting a bait, canoeing, camping, etc, I also said just walking down a trail with a firearm, they said that because of the way the rule states "while small game hunting" and because of this, if you are NOT small game hunting that rule doesn't apply, UNLESS they can prove you are hunting, than you are poaching, that's different.

why doesn't someone else on here call a CO, ask them, but make sure you note that the rule is listed as a small game restriction.

call a CO, they are not just their to charge you, they are also there to assist you in interpreting the regs.

you can look at this how you want, the reg is clearly written. the CO agreed that if they want to say you cant carry a firearm than it would have to be written in the general section NOT in the small games section.

[Gun Nut]

Again..your thinking like a 'hunter' not a man trying to save his life...two different scenarios.

It's a point and shoot situation...with whatever you holding..consequences (to the bear) be darned.

Keep the ethics lecture for when there is a choice..

Actually MikePal it because of the ethics lecture, if it come to it, what I would be pointing, and shooting would be a slug. My personal ethics dictate when I shoot I shoot to kill. Its not a case of should I be walking around with slugs. Its more the case I will be walking around with slugs. I have no interest in hunting bear, but I have the greatest respect for their strength and agility, so if I do shoot it will be a case of self-preservation.

You don't stop hunting because you grow old. You grow old because you stop.
-Gun Nut