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When someone posts on the newbie forum in their introductory post a question on the legality of backpacking with a shotgun, I am going to tell them the legal aspects of doing so.Originally Posted by Luckybeer
But I guess when you are in Ft St John, everything is an eastern province.
Government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods. HL Mencken. 1919.
As far as the concealed charge , I think it would depend if there could be shown an intent to mislead. a generic backpack would be considered utilitarian whereas a fishing rod bag or guitar case would be considered differently.
C.C.F.R "There is no faster way to create division within a group of equals than by treating some of them more equal than the rest"
It would depend, it may be thought upon as a concealed weapon by being enclosed in a backpack. My backpack has a rifle scabbard, but could I prove needing it in my pack at the time I was carrying? This is what really pisses me off because we have a Cougar problem now in my area.
It's better to have questions you can't answer, then answers you can't question.
When you have no property rights, YOU ARE THE PROPERTY!
WEXIT, IPSC, CCFR.
And yet BC is the place that has set the case law that unless it is marked as a gun or visibly a gun case it is concealed
Chances of it being an issue unless you have some other reason for police contact is not high.
Shawn
Could you not put a lable on the backpack stating the contents? Then you aren't concealing anything.
Absolutely
Again the chance of it being an issue is not high, but the courts have ruled on it.
Shawn
As pointed out there are Federal firearms laws and then there are game/hunting regs and then there are bylaws.
Each are different, vary in penalty and severity with federal firearms law being felony criminal sentences when convicted.
You didn't mention the issue of the condition of carry...loaded or not??
Speaks to its state of readiness and intent.
This area will get weird depending on the Cop/CO and locale/activity/season etc.
Carrying a non restricted firearm during daylight hrs in anything is legal....case/pack/suitcase/duffle etc. No issue there with federal firearms law.
You may get into the technicality of "hunting" regardless if it is cased/packed etc as well as whether loaded/unloaded if/when confronted by a conservation officer if they discover the firearm for whatever reason. This will vary wildly based on the CO, the time of year/locale/activity etc.
The locale and activity will play a far greater issue.
Doing so in the true wilderness vs closer to cities and urban areas for example. Obviously in urban areas or provincial parks etc it will get very weird fast.
Activity will also mitigate....Doing so while working vs recreating.....acting like an ass or malicious behaviour and outright criminal activity....vs respectful, safe, non malicious activity.
Your activity alone will likely determine if the weapon is even detected or discovered at all. There is no reason to be questioned much less searched if your activity is isn't suspicious...in fact there is no legal grounds to do either if you are not.
You did not specify the purpose(s) of having the shotgun?
Hunting/plinking/defense/transport/storage ???
Again....an empty non restricted shotgun can be "cased" and carried in anything...pack/duffle/case/etc...how you carry that case is irrelevant.
Your intent/actions will be the determining factor(s) if/when you encounter the law.
Except for the BC case that Shawn already mentioned that ruled carrying a firearm in an unmarked non gun case could result in a conviction of carrying concealed.
Government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods. HL Mencken. 1919.
Pretty much carrying the firearm from point a to point b for target shooting, unloaded in a backpack. I have some areas in Eastern Ontario that I like to hike which in turn has some spots that are perfect for target shooting. I like to carry a pack with me with essentials, lunch, targets etc. in it but was always hesitant to store my folding 22 in it with fears of "conceal" laws. I recently purchased a canuck defender short shotgun that I would like to bring along in my hikes. It would just be easier for me to pack it in my bag and go. I always bring "targets" with me in case I have to try and prove I'm not hunting. I'm not a hunter and have never shot an animal in my life but have heard stories of overzealous Conservation officers.
Thanks to everyone for their answers, I've learned a lot. I did google this but the only info I found that was relevant was transporting a firearm on a motorcycle to a range which seems perfectly legal. I also am hesitant to call the RCMP for info as the last time I called about the legality of a drum mag I was given false information by the person I talked to.
I really have not heard of this case or ruling.. and frankly dont believe it at all, as most of this town would be in jail...lol Almost every truck has a rifle in it, and yes not many with trigger locks (OMG!).. Could this be some exaggerated news story?? Or at the least
more to the story that is being missed...
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