Legal Open Carry On Private Property

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Alexanderkbaker

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Hello,


I was just thinking about this and wondering if I was a farmer and I didnt want to lug a shotgun or rifle on my extensive property, could I open carry if I stayed on my own private property?

By extension could I cut cut my grass in an urban setting while packing?

If we can clean our guns in the house then why not outside on the porch in view, and then why not carry outside as long as i remain on my registered private property. Is there a definition in the law of being inside my domecile vs on my property?

Is there a section of Canadian Law thats sights any restrictions in this way?


Sorry if this has been asked before, i didnt kniw what to search for.


Thank you.
 
Here are some relevant links:

Fact Sheets > Restricted Firearms
<http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/restr-eng.htm>

Fact Sheets > Target Shooters
<http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/target_cible-eng.htm>

Fact Sheets > Firearm Collectors
<http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/collector-collecteur-eng.htm>

Fact Sheets > Using a Firearm for Wilderness Protection
<http://www.rcmp-grc.gc.ca/cfp-pcaf/fs-fd/wild-sauvage-eng.htm>


Criminal Code (R.S.C., 1985, c. C-46)
<http://laws-lois.justice.gc.ca/eng/acts/C-46/>

Firearms Act (S.C. 1995, c. 39)
<http://laws-lois.justice.gc.ca/eng/acts/F-11.6/index.html>

Explosives Act (R.S.C., 1985, c. E-17)
<http://laws-lois.justice.gc.ca/eng/acts/E-17/>
 
If I was a farmer, and this was a consern of mine I would probably look into a mares leg in 357/44/45 and pick a long leg holster for it, if I did not want to pack around a rifle or shot gun. This would avoid trying to find a loophole only to get hasselled for it in the end anyway. I'm sure alot of things are possible but arguing the finer points of the law with the "man" can be an uphill and expensive battle.
 
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About your only option...

Edit: superglide beat me to it
 
Most farmers will not walk for hours around their property but usually are not far from a motorized vehicle of some sort. I would suggest a carbine of some sort with a collapsible stock, or similar shotgun , such as a Benelli M4. With a good sling, if you had to carry it to do things like fence work or property line maintenance, it would not be too cumbersome.
Although I can see no reason why a person should not be able to carry a handgun on their private property, the current laws are not in favor of this, or defending yourself.
 
Well thats the odd part, I cant find any reference to laws regarding restricted/prohibited guns on your own property besides storage and the criminal side of there use. Nothing mentions having to keep them
out of sight while your handleing them.

As far as right to self defense, it is there up to and including lethal force. You just have to be very careful of its application and be prepared to have to defend a slew of charges. Generally speaking if its legit and straight forward then your rights will be honored.
 
Alexanderkbaker said:
Well thats the odd part, I cant find any reference to laws regarding restricted/prohibited guns on your own property besides storage and the criminal side of there use.
Click to expand...

Here is my take on it:

A Restricted firearm only has 3 states - Storage, Transport, In Use.
You can only Store it in the place as has been designated to/by the CFO. Storage Regulations are in force.
You can only Transport it to/from places designated on your ATT. Transport Regulations are in force.
You can only Use it at a place designated by the CFO. In Canada they are Ranges approved under Section 29 of the Firearms Act. Range Rules are in force.

Your 'property' is not legally considered to be an extension of your house/dwelling/storage area...... it is outside that definition in regards to a Restricted Firearm.
 
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Paul_T said:
Here is my take on it:

A Restricted firearm only has 3 states - Storage, Transport, In Use.
You can only Store it in the place as has been designated to/by the CFO. Storage Regulations are in force.
You can only Transport it to/from places designated on your ATT. Transport Regulations are in force.
You can only Use it at a place designated by the CFO. In Canada they are Ranges approved under Section 29 of the Firearms Act. Range Rules are in force.

Your 'property' is not legally considered to be an extension of your house/dwelling/storage area...... it is outside that definition in regards to a Restricted Firearm.
Click to expand...

I would say "in use" doesn't necessarily mean discharging. I can clean, maintain or dry fire practice in my home which would not count as in storage or in transport.
 
So by the definition of in use but not discharging, it would be pointless to carry for practical pest control becuase if you did see a pest animal to shoot you could be charged for improper use vs. a rifle.

For the sake of debate we could consider the use of a .22lr handgun for practical farm chores like pest control vs. a more potent self defense option not intended to be discharged but carried just in case ( 4/2 leg predator defense).
 
Back in the day my neighbour had a letter allowing him to pack his S&W 22 4" revolver around his dads section of land 640 acres. The letter came from the RCMP office signed by the Commanding officer. He couldn't leave his property or cross a road. He was 12 years old.
How times have changed.
Set up a personal shooting range on your property, get it approved and pack on your property. Win, Win.
 
I live in Ontario in a town with 110 000 people clean my restricted in the back yard and have worn my pistol holstered with no magazine in it but a full one in my pocket. neighbour was a jack off, and called every time. not once was there an issue with the local constabulary. they said howdy new me from previous calls from the neighbour about very other thing. fire to smoky, lawn mower to loud, etc.
 
Alexanderkbaker said:
So by the definition of in use but not discharging, it would be pointless to carry for practical pest control becuase if you did see a pest animal to shoot you could be charged for improper use vs. a rifle.

For the sake of debate we could consider the use of a .22lr handgun for practical farm chores like pest control vs. a more potent self defense option not intended to be discharged but carried just in case ( 4/2 leg predator defense).
Click to expand...

Once you step outside your house with a Restricted you are Transporting it....

coldfire said:
I live in Ontario in a town with 110 000 people clean my restricted in the back yard and have worn my pistol holstered with no magazine in it but a full one in my pocket. neighbour was a jack off, and called every time. not once was there an issue with the local constabulary. they said howdy new me from previous calls from the neighbour about very other thing. fire to smoky, lawn mower to loud, etc.
Click to expand...

Sounds like your local OPP people are good cops. Pretty sure they 'could' really throw you under a bus going by the letter of the law (carrying it in your yard). That said I have cleaned a few R's in my back yard but my neighbors are all shooters/hunters. Plus it would be difficult for anyone to see the area casually walking by....

Of course this is all speculation on my part based on my interpretation of what I read in the law as published.
 
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Many decades ago, I knew a rancher (now deceased) who often wore a .22 revolver around his property for shooting gophers. He had driven across the line to buy it...threw it under the seat of the truck and drove back to Canada. As a boy I listened when someone asked him if it was "registered". He said he had told a friend about the revolver and that was enough. The "friend" was a local RCMP officer. That was then and this is now.
 
Paul_T said:
I would agree. You can 'use' your firearm in your house but not discharge it.....
Click to expand...

Why can't you discharge it?

From the Firearms Act:
Handling of Firearms

15 - An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.
Click to expand...

There is nothing in the F.A prohibiting discharge of a restricted or non-restricted firearm in your home.
 
Rob said:
Many decades ago, I knew a rancher (now deceased) who often wore a .22 revolver around his property for shooting gophers. He had driven across the line to buy it...threw it under the seat of the truck and drove back to Canada. As a boy I listened when someone asked him if it was "registered". He said he had told a friend about the revolver and that was enough. The "friend" was a local RCMP officer. That was then and this is now.
Click to expand...

Life was good back then!
 
JACKSMYDOG said:
Why can't you discharge it?

From the Firearms Act:


There is nothing in the F.A prohibiting discharge of a restricted or non-restricted firearm in your home.
Click to expand...

Im pretty sure there is. The only place you can legally discharge a restricted firearm is a sanctioned range, no? Which would mean loading one anywhere else would be an offense, no?
 
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