Regs test

[GW11]

Year after year around this site the same hypothetical situations arise and many debates are started. Lots of folks offer their opinions on what a CO may or may not do in these situations. Here's a little test...

Keep in mind that it's mostly just for fun but this was a real scenario with a real outcome involving two guys that I know very well.

This all took place about 15 years ago. The two guys went duck hunting one morning on a pond on private land in WMU 60. When they were finished hunting ducks they packed up all their duck gear and put it in the box of the truck. They cleaned the only one they got (leaving a wing attached) and put it in the box as well. Also keep in mind they used steel shot while duck hunting.

A little bit later, they proceeded to sight in a .30-30 for the upcoming deer season on the same property. When they were finished they packed up all the gear pertaining to a rifle sight-in, cased the rifle and put everything in the box of the truck.

As it turns out, moose season was open in WMU 60. The two guys decided to drive across a local forest access road through crown land on the way home. They were curious to see if the locals had any moose down. The guys did not have moose licences.

Because they were driving down a bush road (access road), one fellow kept his 12 gauge in the front seat and an open box of #6 lead in the console in case they saw any grouse. They didn't have any blaze orange with them either.

About half way across this access road, the two guys were stopped by a pair of CO's in a truck.

Can anyone tell me what the outcome was? What charges were laid?

Again, mostly for fun, but I'm curious about the interpretations.

[JMatthews]

I don't see how there would be any problem with the duck. They may have run into an issue of having a shotgun uncased in the vehicle with them. It all depends on whether the COs determined the access road to be a road. Also not having orange might have been a concern.

[rick_iles]

No charges !

[BPR 30-06]

I don't see any charges.

[trimmer21]

Nope,me neither.

[Bushmoose]

Driving down a road with an uncased unloaded firearm during daylight is not illegal and not "hunting" by my interpretation.

[JMatthews]

Driving down a road with an uncased unloaded firearm during daylight is not illegal and not "hunting" by my interpretation.

You're right. The only problem would be if the firearm was loaded.
from: http://www.ohep.net/Info.cfm?ID=5

Preventable Hunting Violations

Most hunters understand and follow Ontario's Hunting Regulations, but some common mistakes are made by hunters every year that can result in a violation. The Ministry of Natural Resources wants to help hunters avoid mistakes that may, inadvertently, put them in violation of the law.
Ontario's Most Common and Preventable Hunting Violations Are:

1. Loaded Firearm in Vehicle or Motorboat: It is illegal to possess a loaded firearm in or on a vehicle or motorboat. This is unsafe and has resulted in accidents, including fatalities.
   
   
2. Unencased Firearms: You must unload and encase firearms in your possession during the period from a half hour after sunset to a half hour before sunrise. The only exception is for licensed night raccoon hunters.
   
   
3. Shooting from a Public Road: It is illegal to shoot from, down or across a public road while hunting.
   
   
4. Possession of a Loaded Firearm on a Roadway: In most of southern Ontario (south of the French and Matttawa Rivers) it is generally unlawful to have a firearm that is loaded unless the hunter is either across the fence line where one exists, or at least 8 metres from the traveled portion of the roadway where there are no fences.
   
   
5. Failure to Wear Fluorescent Orange: In Ontario during the gun season for deer and moose, all hunters must visibly wear both afluorescent orange vest/coat and hat. During open season for bear, all bear hunters must wear fluorescent orange except while in a tree stand. Camouflage hunter orange patterns are not allowed. (This regulation does not apply to waterfowl hunters.)
   
   
6. Game Sealing Violations: These violations range from forgetting to notch the game seal or improperly applying the seal when harvesting a big game animal, to transferring or misusing game seals. Hunters are reminded that detailed instructions are printed on each big game seal and in this Summary.
   
   
7. Carrying Another Person's Game Seal: While hunting, a person may not possess another person's game seal. This applies to moose, deer, bear and wild turkey game seals.
   
   
8. Failure to Retain Evidence of Gender on Moose: When there are gender restrictions on the harvest of game, the sex organs must be transported attached to the carcass. This is required for all adult moose harvested in Ontario.
   
   
9. Hunting in the Wrong Area: For example, a licence validation tag is only valid in a specific Wildlife Management Unit and cannot be legally used in another area.
   
   
10. Trespassing: Hunters must have permission to enter private land, even if the intent is just to cross the private land to reach public land. Private property does not necessarily have to be posted to deny access. Every year, trespassing results in more and more property being posted and no longer available to hunters.
    
    
11. Failure to Carry Licence on Person: Hunters must carry the licence, any validation tag and any game seals with them while hunting. Failure to do so often results in wasted time for the Conservation Officer, a spoiled hunt for the hunter and can result in fines and/or seized equipment.
    
    
12. Abandonment of Game: It is illegal to abandon game or allow it to spoil.
    
    

[TPM]

Possession of lead shot while duck hunting.

[finsfurfeathers]

Possession of lead shot while duck hunting.

Actually not illegal. You can carry lead as long as you don't use it on waterfowl. There was an article in the OOD magazine that went over the interpretation as per Mr. Critchlow.

[B Wilson]

What they were charged with and what they could be charged with would depend on the CO and what he decided that day.