.22 rifle stored in/attached to backpack for wilderness protection - ON.

This comes from the Ontario MNR's 'Ask the CO' site. Question #163 was about target shooting on Crown Land. If you're found with a firearm in the bush(forget a .22 for keeping big nasty beasties at bay. Not that Yogi is interested in you.) you are assumed to be hunting. Onus of proof to the contrary is on the accused. The whole thing is at the discretion of the CO.
"Section 109 of the Fish and Wildlife Conservation Act, 1997 states that: In a prosecution under this Act in respect of hunting or trapping, (a) proof that a person possessed, in an area usually inhabited by wildlife, a firearm, trap, decoy or other hunting or trapping device, a ferret or a specially protected raptor or other bird of prey, is proof, in the absence of evidence to the contrary, that the person was hunting or trapping, as the case may be…"
You can apply for an ATC, but you'll be unlikely to get it. Doesn't come from the RCMP either. Ontario only hands out Wilderness Carry permits to working trappers and prospectors. Not hikers.
 
This is bull####. You can target shoot all you want on Crown Land (or private), all year long, without a hunting license. The key is making it obvious you are target shooting. MNRF doesnt regulate target shooting. They regulate hunting. How do I know this? I do it often, and I spoke to several COs over the years about this very matter. I was told to "have a definable target" and "dont be wearing camo, hiding in a treestand, with deer scent on".

What?! You're saying that it's illegal to target shoot on crown land between September and December with anything larger than a .22 if one hasn't a big game hunting license? Can someone chime in on this please?

Victor: No, I'm saying the MNR says it's illegal. :p Here's the relevant part from the 2014 Hunting Regulations, p.79:

Firearms

"If you are hunting small game in an area where there is an open season for deer, moose, elk, or black bear, you may not possess or use a rifle of greater muzzle energy than 400 foot-pounds or shells loaded with ball or with shot larger than No. 2 shot (non-toxic equivalents include steel shot larger than triple BBB, or bismuth larger than double BB), unless you possess a valid licence to hunt deer, moose, elk or black bear as the case may be. This restriction does not apply south of the French and Mattawa Rivers during an open season for deer that is restricted to the use of bows.

A person hunting small game may not carry or use a rifle of greater calibre than a .275-calibre rifle, except a muzzle-loading gun, in the geographic areas of Brant, Chatham-Kent, Durham, Elgin, Essex, Haldimand, Halton, Hamilton, Huron, Lambton, Middlesex, Niagara, Norfolk, Northumberland, Oxford, Peel, Perth, Toronto, Waterloo, Wellington or York."


Here's the thing about "target" shooting on crown land: if you do it without a hunting license, you can be charged with poaching. You may attempt to convince the conservation officer that you're only shooting at those purty paper targets and gongs you set up down there, but you're totally at his mercy as to whether he chooses to believe you or not. If you do it with a hunting license, you're covered... unless it's a small game license during big game season (essentially Sep to Dec, depends on the WMU) and you use something bigger than a .22.


About the clothes (p.25):

"all licensed hunters, including bow hunters and falconers, hunting during a gun season for deer, elk, or moose, are required to wear hunter orange. This requirement does not apply to persons who are hunting migratory game birds, except woodcock. In addition, all licensed black bear hunters hunting during the open season for black bear are required to wear hunter orange except when in a tree stand. Where there is a gun season for moose, elk, or deer concurrent with an open black bear season, then the only persons exempted from wearing hunter orange are migratory game bird hunters as indicated above."

Hope this helped!



Rod: That's one sweeeeet looking little lever action! Short, light, uses a box magazine, can take a scope and available in many calibers! A little costly, but heck... may well be worth it. :)
 
This is bull####. You can target shoot all you want on Crown Land (or private), all year long, without a hunting license. The key is making it obvious you are target shooting. MNRF doesnt regulate target shooting. They regulate hunting. How do I know this? I do it often, and I spoke to several COs over the years about this very matter. I was told to "have a definable target" and "dont be wearing camo, hiding in a treestand, with deer scent on".

What I wrote here was the exact text of the hunting regulations, in answer to Victor's query. Supported by the advice I got by a retired long-term employee of the MNR. Argue with them, not me. :)

This said, I am very, very glad to learn that you found the COs to be smart and understanding people that don't apply the letter of the regulations blindly. That's excellent news! And the advice about "it helps if you're not looking and acting like a hunter" is just plain common sense anyways. Which WMU are you target shooting in?
 
49, for the most part.

One my hunting partners is a recently retired CO. He was always straight with me whenever I asked a legal question. This was one of them.

What I wrote here was the exact text of the hunting regulations, in answer to Victor's query. Supported by the advice I got by a retired long-term employee of the MNR. Argue with them, not me. :)

This said, I am very, very glad to learn that you found the COs to be smart and understanding people that don't apply the letter of the regulations blindly. That's excellent news! And the advice about "it helps if you're not looking and acting like a hunter" is just plain common sense anyways. Which WMU are you target shooting in?
 
Hmmm. I'm more likely to be found in 58 or 63A, you're way west of me. I'll have to hope I get that caliber of COs, but I'm not taking the chance: I'll carry a small game license in case I meet a CO that is having a bad day while I'm out plinking :)
 
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