Carrying firearm in a backpack

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Hans Acht

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Would it be against the law if you were to carry a short shotgun in a backpack on Crown Land or private property?

Thanks...
 
All depends if it's considered "storing", "transporting", or "using". ;)

Edit: by "short shotgun", you still mean non-restricted right?

Also "against the law"? There may be several laws at play in any situation...
 
Well:
depends on whether or not the firearm is Non Restricted, Restricted or Prohibited.
it depends on what you were doing while on crown land or private property.
It would depend on the permitted uses of the crown land, or whether or not you had the land owners permission while on the private property.

There certainly are circumstances when carrying a shotgun in a backpack while on crown land or private property could be legal.
There are a grocery list of reasons why it might not be legal. You have not given enough information for anyone to give a decisive answer.

In addition to provincial laws which regulate hunting, and what firearms can be possessed and where under the pretense of regulating hunting, there are federal laws for possession, which include places where firearms can be possessed and under what circumstances.

Further there are regulations for the transportation, storage and carriage of firearms.

Lastly there are some very open ended criminal code sections that can be levied against you based on the officers discretion, such as S 86 (1) Careless Use, 88(1) possession for a dangerous purpose ("dangerous purpose" is interpreted broadly and can be anything the Police deem to be inappropriate) and S 90 Carrying concealed (yes, a back pack, even one that met the requirements of the transportation regulations, has resulted in people being convicted of carrying concealed), to name a few.

It should go without saying, but I will say it anyways, that there are pretty much no circumstances under which a shotgun in a back pack can be kept loaded. As silly as it might sound, strapped to the outside of the back pack, or slung on your body, will usually be more legal than in a back pack.
 
Cameron SS said:
Well:
depends on whether or not the firearm is Non Restricted, Restricted or Prohibited.
it depends on what you were doing while on crown land or private property.
It would depend on the permitted uses of the crown land, or whether or not you had the land owners permission while on the private property.

There certainly are circumstances when carrying a shotgun in a backpack while on crown land or private property could be legal.
There are a grocery list of reasons why it might not be legal. You have not given enough information for anyone to give a decisive answer.

In addition to provincial laws which regulate hunting, and what firearms can be possessed and where under the pretense of regulating hunting, there are federal laws for possession, which include places where firearms can be possessed and under what circumstances.

Further there are regulations for the transportation, storage and carriage of firearms.

Lastly there are some very open ended criminal code sections that can be levied against you based on the officers discretion, such as S 86 (1) Careless Use, 88(1) possession for a dangerous purpose ("dangerous purpose" is interpreted broadly and can be anything the Police deem to be inappropriate) and S 90 Carrying concealed (yes, a back pack, even one that met the requirements of the transportation regulations, has resulted in people being convicted of carrying concealed), to name a few.

It should go without saying, but I will say it anyways, that there are pretty much no circumstances under which a shotgun in a back pack can be kept loaded. As silly as it might sound, strapped to the outside of the back pack, or slung on your body, will usually be more legal than in a back pack.
Click to expand...

You sound like your from a eastern province...lol
 
Very common in these parts... And I live in southern Ontario. May not be as common once all the city foke buy up all the land and put up their kit homes but nothing illegal about a shorty in a pack. Only real violation is a fashion one because a short barrelled shot gun should be carried in a scabbard or just on a sling or at minimum, a short gun case. Just saying.lol
 
Luckybeer said:
You sound like your from a eastern province...lol
Click to expand...

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.

But I guess when you are in Ft St John, everything is an eastern province.
 
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.
 
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.
 
Luckybeer said:
Not at all. Would you call a shotgun under the seat of a side by side or truck concealed carry or in a duffle bag. Or how about when you're hunting Caribou or sheep in your pack?? Of course not.. too much eastern city thinking here...
Click to expand...

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
 
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.
 
terez said:
Carrying a non restricted firearm during daylight hrs in anything is legal....case/pack/suitcase/duffle etc. No issue there with federal firearms .
Click to expand...

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.
 
terez said:
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.
Click to expand...

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.
 
Cameron SS said:
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.
Click to expand...

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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