Carrying concealed weapon
90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.
Section 90 of the criminal code of Canada if you still wanna argue...
no, transporting firearms using the guidelines set out in the act is not concealment nor is concealment stated anywhere as a requirement of the act
The regulations that cause greater difficulty are those that oblige the owner to place his gun in a trunk or luggage compartment -- a container that from the outside does not signal to the public the presence of a gun. Recently enacted federal regulations on the transportation of firearms stipulate that a person may transport a firearm in a vehicle that is not attended only if the firearm is unloaded and either locked in the t trunk or is not visible from outside the locked vehicle: Storage, Display, Handling and Transportation of Certain Firearms Regulations, SOR/92-459, ss. 10(2), 12(2) and (3). In my view, this is a sound regulations whose purpose is clearly to prevent the theft of firearms from unattended vehicles. A stolen firearm can be misused and thus constitutes a grave danger to society. Compliance with this very sensible regulation should not result in a conviction for carrying a concealed weapon. Rather, it should be seen as an exception to the prohibition otherwise in place under s. 89.
That ruling relates to transport regulations in regards to unattended vehicles. Nothing to do with the example I postedActually, I am not sure that is true. The SCC in Felawka only stated that obeying transport regs is an exception to the prohibition as set out s. 89, not that it wasn't concealment:
you can get a concealed weapon charge for a firearm or weapon being found in a vehicle you were operating that was "hidden" out of plain sight.
If you couldn't be charged if it was in a case, all criminals would transport their firearms this way to avoid such a charge.
the number of civilian CCW permit holders in this country is very low. If you are one of the few, I would like to know what you put on your application (so would the rest of CGN)Carrying concealed weapon
90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.
Section 90 of the criminal code of Canada if you still wanna argue...
That ruling relates to transport regulations in regards to unattended vehicles. Nothing to do with the example I posted
unless of course your contention is you can be "operating" a vehicle while not being in it?
x2
be very careful if you are ever stopped and have your firearms checked by a police officer during transport. you will likely be questioned as to why you are not using a regular firearm case and answering you don't like people to know what you are carrying can be taken as "intent to conceal".
I used a regular suitcase up until I was questioned and warned, depending on the officer this could have ended very differently for myself.
That ruling relates to transport regulations in regards to unattended vehicles.
It is very grey and there lies the problem, arrest and charges are costly even if frivolous as you will spend thousands on a lawyer even if you never go to trial.I would love to get more clarity on where concealment begins and ends. Seems pretty grey to me.
up to you what you do, concealment and following legal transportation regulations are not the same thing in the eyes of the lawSo am I to assume that I should be leaving everything in the back seat till I get to the store, then drag it all out in front of all in the lot and put it in my trunk?
I left a licensed firearm retailers store with a suitcase.What I'm curious about is how did what was in the suitcase come up in the first place?
I think you missed the title of the thread "Looking for a discreet alternative to the traditional rifle case"How can it be concealed if you disclose that you have a firearm in ### case. I use them because I don't want my nosy neighbors to know.
People really should read this....
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1073/index.do
In short, concealing a gun to keep from alarming the public is still carrying a concealed weapon. Supreme Court ruling. This guys defense was that he was trying to be discreet. It didn't work.
I guess what you say to the LEO is what matters. I suppose you should always say, if asked you are just following safe transport/storage reg instead of trying to be discreet about having a firearm.
I guess what you say to the LEO is what matters. I suppose you should always say, if asked you are just following safe transport/storage reg instead of trying to be discreet about having a firearm.