Legal Open Carry On Private Property

Suther said:
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?
Click to expand...

What I posted is directly from act. The common RCMP wording is only at an approved range, but not the actual wording. Essentially anywhere that is not illegal to do so.
 
Transporting and using prohibited firearms or restricted firearms
19 (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;

(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or

(b) if the individual

(i) changes residence,

(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

(iv) wishes to transport the firearm to a gun show.
Click to expand...

To me, that reads the only place you can use a restricted is an approved range. That's the only part of the Act that specifically mentions using a restricted that I could find (mind you I'm on my phone)
 
No, it applies to the ATT.
As it applies to transport.

There is no mention of a restriction of discharging a firearm in the home.
It is not being transported.

However, if the home is located within the jurisdiction of a Municipality with no firearms discharge bylaw.
Then there can be no shooting. Or loading, since the firearm cannot then be discharged.

My lawyer's understanding of the words!

Suther said:
To me, that reads the only place you can use a restricted is an approved range. That's the only part of the Act that specifically mentions using a restricted that I could find (mind you I'm on my phone)
Click to expand...
 
Halger280HVMag said:
No, it applies to the ATT.
As it applies to transport.

There is no mention of a restriction of discharging a firearm in the home.
It is not being transported.

However, if the home is located within the jurisdiction of a Municipality with no firearms discharge bylaw.
Then there can be no shooting. Or loading, since the firearm cannot then be discharged.

My lawyer's understanding of the words!
Click to expand...

If what you suggest is true, then an indoor shooting range attached to your house would not require approval from the CFO to use restricted? (assuming you're not limited by bylaws ect) or would that constitute operating a range in violation of s. 29?

What about shooting out the window? That would also be legal, no?
 
Last edited:
Trimmer 905 said:
A neighbor sold his house and moved outside of town after building a new home in which he built an underground 50M indoor range in the basement using culvert sections with an electric pulley system to change targets. We shoot down there to our heart's content and no one is the wiser.
Click to expand...

Yes, but is that legal? Or would that be considered operating a range that's not approved (which is illegal)?

I've thought about that sort of thing, a pair of shipping containers was my idea but culvert is probably way cheaper...

I know the CFO will authorize private ranges assuming the right circumstances are met, but all the ones I've seen online are outdoors I want to say...
 
The place of storage will be deemed to be limited to inside the dwelling. To take it anywhere else, including out in your yard, you'll need Authority to Transport. If your CFO won't authorize you to transport it to your yard, it's illegal to take it there.
 
Suther said:
Yes, but is that legal? Or would that be considered operating a range that's not approved (which is illegal)?

I've thought about that sort of thing, a pair of shipping containers was my idea but culvert is probably way cheaper...

I know the CFO will authorize private ranges assuming the right circumstances are met, but all the ones I've seen online are outdoors I want to say...
Click to expand...

If you choose to have it registered as a range it will need to be inspected and cleared by the CFO, otherwise The CFO can deem it a range if there is regular (scheduled) shooting taking place.

Until it is deemed as a range, it is just a place on your property (or in your home) which you do occasional shooting.
 
TheTooner said:
The place of storage will be deemed to be limited to inside the dwelling. To take it anywhere else, including out in your yard, you'll need Authority to Transport. If your CFO won't authorize you to transport it to your yard, it's illegal to take it there.
Click to expand...

Storage is limited to the Dwelling building. The dwelling building includes all attached, permanent structures with permanent roof, so arguably on your covered porch, in your attached garage, or various other extensions of your home may also qualify.
 
Trimmer 905 said:
A neighbor sold his house and moved outside of town after building a new home in which he built an underground 50M indoor range in the basement using culvert sections with an electric pulley system to change targets. We shoot down there to our heart's content and no one is the wiser.
Click to expand...

I guess you must be firing his restricted firearms in this non-range as you would not have any legal authority to take your restricted firearms there.
 
Halger280HVMag said:
No, it applies to the ATT.
As it applies to transport.

There is no mention of a restriction of discharging a firearm in the home.
It is not being transported.

However, if the home is located within the jurisdiction of a Municipality with no firearms discharge bylaw.
Then there can be no shooting. Or loading, since the firearm cannot then be discharged.

My lawyer's understanding of the words!
Click to expand...

I’m with Suther on this. The referenced section of The Act is titled “Transporting and using prohibited firearms or restricted firearms”, it encompasses both activities and therefore only allows ”for use in target practice or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;”
So unless the dwelling has a range approved under section 29 it would be in contravention of The Act.
 
Last edited:
Suther said:
Yes, but is that legal? Or would that be considered operating a range that's not approved (which is illegal)?

I've thought about that sort of thing, a pair of shipping containers was my idea but culvert is probably way cheaper...

I know the CFO will authorize private ranges assuming the right circumstances are met, but all the ones I've seen online are outdoors I want to say...
Click to expand...

It's not illegal to build and use a private range on private property. Outdoor ranges need to be safe (obviously) and reasonably quiet to maintain good neighbor relations. There's RCMP specifications available on-line clearly showing requirements which are surprisingly simple. Underground ranges aren't listed,so,buddy did his own design. The only wrinkle was drainage which required some clever engineering,YouTube videos and many yards of gravel backfill using the same principles as weeping bed construction only on a smaller scale,but,so far,it's working perfectly.

Sorry,I don't mean to hijack this great thread.
 
McHoss said:
I’m with Suther on this. The referenced section of The Act is titled “Transporting and using prohibited firearms or restricted firearms”, it encompasses both activities and therefore only allows ”for use in target practice or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;”
So unless the dwelling has a range approved under section 29 it would be in contravention of The Act.
Click to expand...

Transporting and using prohibited firearms or restricted firearms

19 (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,

(a) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29;

(a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; or

(b) if the individual

(i) changes residence,

(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,

(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or

(iv) wishes to transport the firearm to a gun show.
Click to expand...

When you post parts of the whole, things gets blurred. Section 19(1) states clearly the reasons for a ATT are as listed. Unless you are transporting section 19(1) is not relevant.
 
JACKSMYDOG said:
When you post parts of the whole, things gets blurred. Section 19(1) states clearly the reasons for a ATT are as listed. Unless you are transporting section 19(1) is not relevant.
Click to expand...

I was quoting Suthers post, who pasted the exact same blurb you did from The Act. Also part of the whole.
And the Section 19 title clearly states.....”Transporting and using.....”. If this is not intended as to how restricted or prohibited firearm may be used then what does it mean?
My interpretation is that title serves a dual purpose. Where restricted firearms can be transported and where they can be used.
FWIW, I went and read the complete section titled Authorised Transportation of Firearms in The Act as well.
 
McHoss said:
I was quoting Suthers post, who pasted the exact same blurb you did from The Act. Also part of the whole.
And the Section 19 title clearly states.....”Transporting and using.....”. If this is not intended as to how restricted or prohibited firearm may be used then what does it mean?
My interpretation is that title serves a dual purpose. Where restricted firearms can be transported and where they can be used.
FWIW, I went and read the complete section titled Authorised Transportation of Firearms in The Act as well.
Click to expand...

The title and section both refer to acceptable uses for which ATT will be issued. Not acceptable uses of a firearm.
 
They could call it the unicorn mating guide of 2018.

The heading is not law and is not part of the law:

Headings

To assist the reader, legislative drafters insert headings throughout the text. In past practice, such headings have never been considered to be part of the bill and have not therefore been subject to amendment.
Click to expand...

http://www.ourcommons.ca/procedure-...a6&sbpid=539552ed-5ea6-4a8c-a16d-f8b411136225

The only thing that is law is anything after a clause number, in this case 19(1)

There is no federal law stating you can not discharge a restricted in your dwelling house as recorded by the CFC

Shawn
 
You must log in or register to reply here.
Back
Top Bottom