Two noob questions, one transport and one home defense

Up_On_One_Ramon

Up_On_One_Ramon

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1) once I get my transport papers to a club, can I just throw my handgun in my backpack(in a locked case and trigger locked) and ride my motorcycle there? I'm pretty sure the answer is yes from what I've read on that rcmp flyer I got at the course. I just dont know if I stopped for gas and walked into the gas station to pay, could I be charged with concealed carry or something stupid like that.

2) if someone breaks into my house and is threatening my life can I use a firearm (restricted or not) for self defence? or am I suppose to throw my TV at them? I don't mean, if the guy is running away down the street and I shoot him in the back, that's not self defense.
 
Well, the short answer is yes. I'm not a lawyer, but I did once stay at a Holiday Inn. The long answer is that the Canadian Legal system has very little to do with legal or illegal and everything to do with what you can convince other people of.

You are legally allowed to use any reasonable force to defend yourself, the problem is that you will be dragged over the coals trying to justify that it was reasonable to use a gun.
 
My take on #2 - If an intruder is posing an imminent threat to your life or a loved one, yes you can use your firearm to defend yourself and use necessary amount of force to do so. Just make sure it's imminent threat, i.e. someone is actively trying to attack you with a weapon, ID your threat (to make sure it's not a drunk kid who accidentally got in your house), and don't shoot anymore if they're running away or if they're down, don't walk up to them and do a 'coupe de grace (I don't know if I spelled that right). Also, make sure you have your firearm stored according to safe storage regulations.

I'm not a lawyer, so take my advice for what it's worth. Try to read lots of articles on SD and reasonable amount of force etc etc.
 
Up_On_One_Ramon said:
1) once I get my transport papers to a club, can I just throw my handgun in my backpack(in a locked case and trigger locked) and ride my motorcycle there? I'm pretty sure the answer is yes from what I've read on that rcmp flyer I got at the course. I just dont know if I stopped for gas and walked into the gas station to pay, could I be charged with concealed carry or something stupid like that.
/QUOTE]

When transporting a restricted firearm you must go straight from point A-B via the shortest most direct route and no stops are allowed in between. That's my understanding, so going in for gas and by chance you drop your bag and the case comes out at the foot of a officer..........you are on the hook. Best fill up before heading out.
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Pete-aarr said:
When transporting a restricted firearm you must go straight from point A-B via the shortest most direct route and no stops are allowed in between. That's my understanding, so going in for gas and by chance you drop your bag and the case comes out at the foot of a officer..........you are on the hook. Best fill up before heading out.
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I believe the actually wording is "a reasonably direct route", So gassing up is perfectly reasonable.
 
Up_On_One_Ramon said:
2) if someone breaks into my house and is threatening my life can I use a firearm (restricted or not) for self defence? or am I suppose to throw my TV at them? I don't mean, if the guy is running away down the street and I shoot him in the back, that's not self defense.
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If you had given that reason when you applied for a restricted, you would not hAve been given the restricted license. Should tell ya the most correct answer....
 
flyrrad said:
If you had given that reason when you applied for a restricted, you would not hAve been given the restricted license. Should tell ya the most correct answer....
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That is a gross over simplification. You are not allowed to own a gun for self defence. You are not allowed to own a baseball bat, golf club or pool noodle for self defence either. Just because the status quo is that you cannot buy a pistol to use specifically for home defence, does not mean that you cannot use a pistol you bought to shoot targets to shoot an attacker.

If you are facing a direct threat of grevious bodily harm or death to either yourself or another, you are justified in the use of force up to and including deadly force. You have the RIGHT to self defence, as guaranteed by the Canadian Charter of Rights and Freedoms.

Whatever tool you have at your disposal is acceptable, be that a pistol that you can access from its properly stored location (there are fast access safes on the market for this express purpose) or the aformentioned pool noodle of death.

Just understand that you will need to justify any action that takes the life of another.
 
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Pete-aarr said:
Up_On_One_Ramon said:
1) once I get my transport papers to a club, can I just throw my handgun in my backpack(in a locked case and trigger locked) and ride my motorcycle there? I'm pretty sure the answer is yes from what I've read on that rcmp flyer I got at the course. I just dont know if I stopped for gas and walked into the gas station to pay, could I be charged with concealed carry or something stupid like that.
/QUOTE]

When transporting a restricted firearm you must go straight from point A-B via the shortest most direct route and no stops are allowed in between. That's my understanding, so going in for gas and by chance you drop your bag and the case comes out at the foot of a officer..........you are on the hook. Best fill up before heading out.
Click to expand...


That is only true if that is what it says on your LTATT. Mine says to use " a route that is in all cases reasonably direct". Just remember to never confuse "reasonable" with "convenient".
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Cavs42 said:
That is a gross over simplification. You are not allowed to own a gun for self defence. You are not allowed to own a baseball bat, golf club or pool noodle for self defence either. Just because the status quo is that you cannot buy a pistol to use specifically for home defence, does not mean that you cannot use a pistol you bought to shoot targets to shoot an attacker.

If you are facing a direct threat of grevious bodily harm or death to either yourself or another, you are justified in the use of force up to and including deadly force. You have the RIGHT to self defence, as guaranteed by the Canadian Charter of Rights and Freedoms.

Whatever tool you have at your disposal is acceptable, be that a pistol that you can access from its properly stored location (there are fast access safes on the market for this express purpose) or the aformentioned pool noodle of death.

Just understand that you will need to justify any action that takes the life of another.
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Well said.

Could be the best answer to that question I've ever read on this forum. I vote to make that a sticky, so it doesn't need to be asked again.
 
Now here's a question.
Say that you are in a home invasion situation. You have taken your firearm from its properly stored place and determined that the threat is deadly. You defend yourself with one or two shots however you do not kill the attacker. You have injured him allowing you to disarm the attacker and wait for police.

What then??
 
Actually, OP, if you don't mind, i have something i am rather 'unclear about' to ask your audience of..It's about home storage laws.

Hypothetically speaking, if you have a small, keypad steel safe in your bedroom, can one keep a handgun in it? and along with the handgun, a loaded mag sitting separate from the gun, but in the same safe?

I've asked people, but could never get a clear, definitive answer...
 
rem74283 said:
Now here's a question.
Say that you are in a home invasion situation. You have taken your firearm from its properly stored place and determined that the threat is deadly. You defend yourself with one or two shots however you do not kill the attacker. You have injured him allowing you to disarm the attacker and wait for police.

What then??
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Then he can/will TRY and sue you for unwarranted force. IMHO if you are forced to defend yourself or your family with your Firearm......make sure the invader doesn't get up.
 
sheekster1977 said:
Actually, OP, if you don't mind, i have something i am rather 'unclear about' to ask your audience of..It's about home storage laws.

Hypothetically speaking, if you have a small, keypad steel safe in your bedroom, can one keep a handgun in it? and along with the handgun, a loaded mag sitting separate from the gun, but in the same safe?

I've asked people, but could never get a clear, definitive answer...
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Yes you can
 
I've has people tell me that in those situations you should put the first shot between his eyes and the next into the floor. Tell the police you fired a warning shot. Neighbours wont know the difference.
 
sheekster1977 said:
This is an absolutely, 100% sure 'yes you can'? The gun doesn't need a trigger lock or anything? just loose in the safe, but not loaded, but a loaded mag in there for company?
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Restricted



Storage

◾Must be unloaded.
◾Must be secured by a locking device (e.g. trigger lock) so that it cannot be fired and must be locked into a room or container that is hard to break into; or must be locked in a safe/vault (if locked in a safe, there is no need for a secure locking device).
◾Vehicle storage: Locked container with firearm must be locked in the trunk area or other similar compartment. If vehicle does not have such a compartment, the container must be put out of sight and the vehicle locked securely
 
padawan said:
Restricted



Storage

◾Must be unloaded.
◾Must be secured by a locking device (e.g. trigger lock) so that it cannot be fired and must be locked into a room or container that is hard to break into; or must be locked in a safe/vault (if locked in a safe, there is no need for a secure locking device).
◾Vehicle storage: Locked container with firearm must be locked in the trunk area or other similar compartment. If vehicle does not have such a compartment, the container must be put out of sight and the vehicle locked securely
Click to expand...

Great, thanks Padawan.
 
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