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Thread: Legally transporting a firearm on a motorcycle

  1. #21
    CGN Ultra frequent flyer CZ_Brno's Avatar
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    I wouldn't sling it on my back and ride it down the busy highway. There was a thread here a few years back where someone did that and drew a lot of unwanted attention from the police.

    Definitely best to keep it cased and as out of sight as possible.
    Brno Arms had and still has reputation for extremely talented designers, engineers, their DESIGN - WAY AHEAD OF OTHERS, WAY AHEAD OF TIME, UNCOMPROMIZING QUALITY, ACCURACY, RELIABILITY, OLD WORLD CRAFTSMANSHIP and long LASTING BEAUTY ~Brnomann

  2. #22
    CGN frequent flyer tinbird's Avatar
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    The problem comes from the way our laws are written and have been interpreted by the courts, if a firearm is placed in a case that isn't easily recognized as containing a firearm then said case has to be clearly marked to indicate a firearm is inside, otherwise it can be construed as concealed carry (at least that's my understanding I could be wrong). In my mind, golfcases and the like would be a great way to transport and not traumatize any of the more delicate population members and causing them years of therapy and nightmares.

  3. #23
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    That's weird, thanks for the tip. Would have thought it'd be counter productive to label it as a weapon when they explicitly ask to carry them in an opaque container in order to keep them out of sight

  4. #24
    CGN Ultra frequent flyer promac's Avatar
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    Quote Originally Posted by CZ_Brno View Post
    I wouldn't sling it on my back and ride it down the busy highway. There was a thread here a few years back where someone did that and drew a lot of unwanted attention from the police.

    Definitely best to keep it cased and as out of sight as possible.
    I remember that, lol!
    Warning: I am not a lawyer; any ideas, views, opinions or advice may be incorrect, incomplete or contain errors and omissions. Anything could seem like at good idea at any given moment. Readers should consult with their legal professionals before taking any action based on the information contained herein.

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  5. #25
    Member Francooch's Avatar
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    A firearm is considered to be a weapon by definition. One of the elements of the offence of carrying a concealed weapon is the weapon is intended to be used against another person or to intimidate another person. So if you are going hunting or target shooting you can conceal the firearm. If you are going to rob a bank or carrying it for protection, then you can be charged.

    Hope that helps.

  6. #26
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    Quote Originally Posted by Tenguns View Post
    So how come we don't hear about all the pistol owners who use Pelican cases getting charged? My Pelican case is red with an Apple sticker on it. Am I going to be arrested when there is no electronic device inside?
    Not saying you are going to be arrested, just saying you could be. That more people are not charged in this way in no way diminishes the law.
    h ttps://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Carrying_a_Concealed_Weapon
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  7. #27
    Member Francooch's Avatar
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    Quote Originally Posted by Baddog377 View Post
    Not saying you are going to be arrested, just saying you could be. That more people are not charged in this way in no way diminishes the law.
    h ttps://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Carrying_a_Concealed_Weapon
    You can not be charged for concealing a firearm when you are taking it to the range. In my previous post I explained that part of the offence is there has to be proof the firearm was either used against a person or intended to be used against a person. This charge is almost never layed on its own. It usually is layed along with a bunch of other charges. If you are asked why you have the gun and you tell the officer protection then you could be charged.

  8. #28
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    Actually you're wrong. Intent to do harm means nothing.

    The charge is simple:

    1. Did you carry a weapon of some sort?

    - a firearm of any sort (including an antique) is a weapon, full stop, under our current laws that define what a weapon is. You would have no defense here.

    2. Did you conceal it with the intent to conceal it?

    - this may be harder depending on the circumstances. Riding s motorbike with a backpack or shoulder bag and a locked cased handgun inside, clearly your intent was to safely carry it, the concealment was just incidental to the method by which you carried it.

    Take a guitar case, fill it with pelican foam, cut it out to fit your favourite rifle, and carry it in that? You clearly selected a guitar case, and the intent to conceal would be fairly easy to prove.... You used a case that looks nothing like a case normally used to carry a guitar, ergo you concealed it.

    Any talk of "keeping the bed wetters from seeing it" is talk of concealment.

    See R. Vs. Falawka for more details. The supreme court held that there need not be intent to use the item as a weapon if it was a gun, because a gun is inherently defined as a weapon all the time.

    Do not conceal a firearm intentionally and carry it, unless you like risking jail time over nothing.
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  9. #29
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    I ride past cops all the time with my Allen soft rifle bag sticking out of my pannier. Never had a problem, not really concerned, as it is my mode of transport. I'm not drawing undue attention, and it is pretty hard to keep out of sight, as with the shotgun case, it's 42" long.
    I used to use a guitar case, until one day while stopped for lunch some guy asked me "What caliber is your six string?"

    I guess it didn't fill out the bag too well...

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