Noob Question About Putting Gun In Car

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bubbakaloosh

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I should probably know this answer but i can't find it anywhere. I know that I can have a non-restricted weapon in a vehicle aslong as it's unloaded while I'm driving...it should be out of view but doesn't have to be unless the vehicle is unattended. However....what is the law when I'm carrying my weapon out my front door and too my car.

Last week when I was going target shooting...i walked outside and kids were getting off the bus and looked at me as if I was going to shoot up a storm.( felt awkward) I normally cover it up with a towel till i get to the car but this time I completely forgot because I was in a rush.

Can anyone give me some info on this?

* i dont have a gun case yet
 
Are you planing to kill, maim or injury somebody with it? If not, then it is a firearm...a piece of sporting equipment, but certainly not a weapon!

NR guns can be carried uncased and unloaded openly. Have no fear in loading your car, you are perfectly legal doing what you did....school bus or not. That being said however, if you can't afford a gun case, then perhaps this sport is too expensive for you.

I prefer to load my guns into the car in a gun case....just because I like to protect my guns and it is a convenient way to transport the guns. I have on occasion however, loaded the guns with out a case, out in the open, in front of my house, all perfectly legal (Restricted is a different story).
 
For a while I had one of those fold up camping chair bags that I would use while transporting my guns to and from the car. Anyone looks and all they see is a guy carrying what seems to be a fold up chair. Helps avoid awkward situations.
 
lol I can afford one...I just havent gotten around to getting one and I didn't know walmart sold them until now. Guess I'll pick one up tomorrow. thanks for the reply guys. hope my neighbours don't think im a nut


kbracey said:
Are you planing to kill, maim or injury somebody with it? If not, then it is a firearm...a piece of sporting equipment, but certainly not a weapon!

NR guns can be carried uncased and unloaded openly. Have no fear in loading your car, you are perfectly legal doing what you did....school bus or not. That being said however, if you can't afford a gun case, then perhaps this sport is too expensive for you.

I prefer to load my guns into the car in a gun case....just because I like to protect my guns and it is a convenient way to transport the guns. I have on occasion however, loaded the guns with out a case, out in the open, in front of my house, all perfectly legal (Restricted is a different story).
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Another important thing to consider is; Do you want folks knowing you have guns? I try to get my vehicle loaded without attracting attention.

Get a case IMHO.

Cheers
Jay
 
Transporting it out in the open is perfectly lawful, as is in a gun case.

However hiding it in a towel, or a case not ment for firearms is a criminal offense.

Search concealed weapon in the legalese section for more details.
 
TreeNut said:
Transporting it out in the open is perfectly lawful, as is in a gun case.

However hiding it in a towel, or a case not ment for firearms is a criminal offense.

Search concealed weapon in the legalese section for more details.
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I find your statement a bit confusing, if I carry my rifle/shotgun in a gun sock and there is a gunlock on the firearm and I'm going from house to vehicle is that is illegal? But I can have the rifle/shotgun with gunlock on my backseat covered with a blanket and that's legal?

I'm not a lawyer but I do believe that your use of concealed is a broad one.... My understanding is that there must be "Intent/knowledge/means on the part of the person to be charged with concealment.

Let's think about it, the person has his PAL/RPAL and dutifully locks his rifle knowing that they will go to a hunt and then straight home but only covered with a towel from view so as to not upset the locals is good sense. The intent here is to avoid upsetting general public and not secreting it on his person, this person had knowledge of requirement to lock the firearm as prescribed by law and had the means to do so. Jurisprudence also requires that when reasonable grounds of wrong doing are made and if presented to a layman they must be able to come to the same conclusion.

I personally don't recommend anyone to openly carry a firearm in public, wouldn't like the attention of the local authorities.:)
 
elwoodpdowd said:
I find your statement a bit confusing, if I carry my rifle/shotgun in a gun sock and there is a gunlock on the firearm and I'm going from house to vehicle is that is illegal? But I can have the rifle/shotgun with gunlock on my backseat covered with a blanket and that's legal?

I'm not a lawyer but I do believe that your use of concealed is a broad one.... My understanding is that there must be "Intent/knowledge/means on the part of the person to be charged with concealment.

Let's think about it, the person has his PAL/RPAL and dutifully locks his rifle knowing that they will go to a hunt and then straight home but only covered with a towel from view so as to not upset the locals is good sense. The intent here is to avoid upsetting general public and not secreting it on his person, this person had knowledge of requirement to lock the firearm as prescribed by law and had the means to do so. Jurisprudence also requires that when reasonable grounds of wrong doing are made and if presented to a layman they must be able to come to the same conclusion.

I personally don't recommend anyone to openly carry a firearm in public, wouldn't like the attention of the local authorities.:)
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Hes referring to that case in BC where a guy was transporting a non restricted on a bus wrapped in a blanket. Made a comment trying to be funny about shooting people and was charged with carrying a concealed weapon iirc.

Shawn
 
shawn said:
Hes referring to that case in BC where a guy was transporting a non restricted on a bus wrapped in a blanket. Made a comment trying to be funny about shooting people and was charged with carrying a concealed weapon iirc.

Shawn
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Tks Shawn, That makes sense in what you're stating.... the person on the bus should be in a whole lot of hurt for his actions.
 
Gun sock is ment to house firearms.

Blanket might be okay as long as intent is to protect the firearm not "to people from seeing it"

Lawn chair bag as referred to above, guitar case or anything else like that is a big no no.

Just another example of how stupid and hard to obey our gun laws are.
its sticky business, personally I refuse to risk it. Proper gun case/sock or out in the open is the only way I transport.
 
What? "Guitar case or anything else like that is a big no no." Really, what section of the firearms act or the criminal code says this?

Scott
 
Just reviewed the Firearms Act and the CFC site.... I could be wrong but for non restricted there is no requirement to have a case for transportation only unloaded and no requirement to be locked. This is as long as the owner/handler of the firearm has control and it's not left unattended.

Check out http://laws-lois.justice.gc.ca/eng/regulations/SOR-98-209/index.html "Storage, Display, Transportation and Handling of Firearms by Individuals Regulations (SOR/98-209)"

Again, intent/knowledge/means goes into play...... if one looks at concealment.

And I again will say that personally I would not openly walk around publicly with a firearm unless I want attention.
 
I think why most people say not to use something that is intended to have a gun in it is that it could be argued to be concealed. A LEO may arrest you because of it (I'm not saying they will), but if they ask why you have a gun in a guitar case for example and you answer "so that people don't see it's a gun." That comes off as concealing a firearm, but it's expected a gun would be in a gun case. It's all about how you answer the questions.
 
New Brunswick hunting laws specifically state that a NR firearm "wrapped and securely tied in a blanket or canvas" is an alternative to a case, so there's some food for thought.
 
NB_GSXR said:
New Brunswick hunting laws specifically state that a NR firearm "wrapped and securely tied in a blanket or canvas" is an alternative to a case, so there's some food for thought.
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NB_GSXR thanks for bringing this up and is something to take into consideration. Every province may have laws regarding firearms, here in Manitoba the Wildlife Act doesn't place this requirement on the gun owner. I also see the contradiction in the NB hunting laws vs the Firearms Act in open display of firearms in public and concealment under the Criminal Code. :confused:
 
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m39a2 said:
What? "Guitar case or anything else like that is a big no no." Really, what section of the firearms act or the criminal code says this?

Scott
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None

It was from a judges decision that if it was not obviously a gun case it was considered a concealed firearm.

NB_GSXR said:
New Brunswick hunting laws specifically state that a NR firearm "wrapped and securely tied in a blanket or canvas" is an alternative to a case, so there's some food for thought.
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While interesting, it has no bearing on anything unless you are hunting. If you are not hunting, hunting regs don't apply.

Shawn
 
In regard to concealment, I briefly reviewed R. v. Felawka, [1993] 4 S.C.R. 199 which talks about our bus passenger with a loaded .22 rifle. This person was found guilty of concealment of a weapon in that he had his leather jacket wrapped around it. It was ruled that since the NR rifle was not wrapped in a blanket or canvas as examples in a fashion not to hide the fact that it was a firearm or in a gun case or non regular case marked firearm then he was guilty of concealment.

Further to this if the firearm is in a container that does not resemble a gun case or give any indication that a firearm is in it that it must have the word firearm on it.

In this ruling it is very clear that mens rea (mental intent) has to be met and in this case it was met.

I can say that I learned something today, no lawn chair bags or guitar cases unless I mark them firearms inside;)
 
I guess I'll have to check up on what the deal is with carrying my firearms in a non-firearms case. I'll call my CFO tomorrow. I certainly wouldn't be carrying a loaded firearm in any sort of case to my car, nor would I do so on a bus.

Reading section 90 of the criminal code certainly is setting off warning bells

Edit: Well, reading the R. v. Felawka, [1993] 4 S.C.R. 199 case was certainly interesting. Suffice it to say that joking about killing sprees in public places is NOT a good idea. In the summary, it states that "wrapping a firearm in a blanket or canvas and securing it with rope as required by some provincial regulations should not be considered to be concealing the weapon" they also go at length about when a firearm is a weapon, and in the disposition, "a firearm only becomes a weapon "if used or intended for use to cause death or injury, or to threaten or intimidate"". The man in the case made the foolish mistake of joking about a killing spree. Bad idea.

What comes of it all is that they argue that firearms are always weapons, and that firearms are only weapons "if used or intended for use to cause death or injury, or to threaten or intimidate". At the same time, in the same Disposition.

But they do save us from the legal grey area by stating that a firearms case is fine.
As for my previous placing inside a chair bag, it's not clearly stated whether or not it's ok. Safer with a guncase.



Why do I care so much??? I just wanted to know if I could've gotten in trouble for what I did. I still don't know.
 
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