charged with carring antique gun?

There is a section in the criminal code that says you are not allowed to carry a firearm at any public meeting.
I think this had to do with Union meetings etc in the 20s and 30s. So it is still there to be enforced. I don't think
one should take it to court. Go to court over getting a packing permit. Courts don't think packing a gun is in the
public interest, antique or not.
 
The first I ever heard of the Antiques, believe it or not was from a CO himself during a conversation about handguns in the backcountry. (Then) I had zero knowledge such an Antique-Avenue existed and an even lesser knowledge on what was considered an Antique.. matter of fact, when the CO mentioned the fact there is an option to carry an "Antique" I literally let the comment ricochet right off my ears and never allowed what he said sink in!!! I immediately assumed it probably meant flintlock cap & ball like Davy Crockett might've carried and commented straight back to the Officer "well what good would that be anyway!?" Much-Much later I investigated the Antique comment that was made and what REALLY was classified as Antique & why, and boy were my eyes opened... I wish I had known LONG ago-- and like I said, it was a Conservation Officer who brought up the Antiques and carrying them! šŸ˜³

Anyway. Point of the story; while there aren't MANY CO's or LEO's that are aware of the Antiques specifically, there certainly are some, and believe it or not they are using the Avenue for carry on their own Trips much the same as some of us guys do. CO's especially know (and understand) there is an advantage to having a carry-gun in the Backcountry under circumstances Spray's & other deterrents can't quite fit the bill, and aren't the guys against people (in the backcountry) carrying even modern handguns... it's the beaurocrats & legislatures that aren't in favor of it and obviously instruct the Officers to enforce against it. I've had many, many conversations with CO's that would be in favor of and support backcountry hunters and outdoorsmans permitting to carry sidearms as protection.. that is a fact

It's the guns in wrong-hands that (no-one) want to see. First and foremost in the very public/& urban populated environments... backcountry/bush is a very different scenario. To me, it really is amazing there aren't permits (even be it temporary permits, date X to date Y) that can be issued for Modern sidearms that could be allowed carry during backcountry outings and trips... but that's a topic for another thread some other time* ...til such a thing exists, we have our Antiques. It is legal.
 
I think the individual who was charged in this instance was carrying the revolver concealed.

We've had this debate several times before and I believe it is in the "stickies" on the antique subforum. Basically my opinion is that carrying a hidden revolver is illegal, and therefore the antique status of the revolver is lost due to it being used in the commission of an illegal act. It becomes a firearm again. I believe the charge would be "unlawful possession" of a firearm. That said - this is simply my opinion and I have no intention of testing it in a court of law for any reason. DISCRETION is the best possible practise for all of us, and advertising our "rights" or waving banners with regards to antique firearms will lead to their disappearance.
 
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I have looked through two Acts ;
1 - Firearms Act
2 - Criminal Code
I can not find any offence by having & shooting an Antique HG. , safely , anywhere you can shoot a long gun .
I did call my CFO Office & they agreed you can do it .
PEOPLE ,,,,,,,,,,,, do your research . ,,,,,,,,,,,,,,,,,, Frank
 
I'm confused about this conclusion "5. CC s. 95: Being in possession of a loaded "antique firearm" (which is also a "restricted firearm" or a "prohibited firearm"), or one with readily accessible ammunition is legal even if the person is not the holder of any licence, registration certificate, ATT, or ATC."
I though antiquest can be loaded only where it's safe to discharge (same as with non-restricted). And that means that one can't carry it's loaded, unless you found a safe place somewhere in Crown Land and about to shoot. Please explain me "carrying loaded" aspect of antiques.
 
Horilka said:
I'm confused about this conclusion "5. CC s. 95: Being in possession of a loaded "antique firearm" (which is also a "restricted firearm" or a "prohibited firearm"), or one with readily accessible ammunition is legal even if the person is not the holder of any licence, registration certificate, ATT, or ATC."
I though antiquest can be loaded only where it's safe to discharge (same as with non-restricted). And that means that one can't carry it's loaded, unless you found a safe place somewhere in Crown Land and about to shoot. Please explain me "carrying loaded" aspect of antiques.
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your belief is correct with a minor correction; one of the qualifications for antique status is that the handgun is not one of about 8 (at a guess) named cartridges and readily accessible ammunition is not a criterion. Loaded or not, if the gun is carried concealed, it is a concealed weapon and because that is a crime, the antique becomes a firearm. Carrying it concealed and loaded and in the middle of town just adds to the evidence that it is a concealed weapon

cheers mooncoon
 
mooncoon said:
your belief is correct with a minor correction; one of the qualifications for antique status is that the handgun is not one of about 8 (at a guess) named cartridges and readily accessible ammunition is not a criterion. Loaded or not, if the gun is carried concealed, it is a concealed weapon and because that is a crime, the antique becomes a firearm. Carrying it concealed and loaded and in the middle of town just adds to the evidence that it is a concealed weapon

cheers mooncoon
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Well, yes, I totally understand that even toy gun becomes firearm if used in crime.
My question was more about the fact that some ppl use antiques to open carry in the bush for animal protection. I was wondering about legalities of having antique loaded.
 
I think the operative wording to pay attention to is "Loaded". If it were unloaded and it was on his person and it was never mentioned he exposed it, he might be OK. If it were unload or loaded and he brandished it, he is screwed. No different than if he pulled out a toy cap gun. Concealed OK brandish it during the commission of a crime - now it's a firearm and all applicable charges. However even if he didn't brandish it during the commission of a crime it may be like nonchalantly walking around cars and creeping around houses at night with a large screw driver or crow bar. Tools that could used to break into a house etc. Can't recall the phrase.
 
Horilka said:
I'm confused about this conclusion "5. CC s. 95: Being in possession of a loaded "antique firearm" (which is also a "restricted firearm" or a "prohibited firearm"), or one with readily accessible ammunition is legal even if the person is not the holder of any licence, registration certificate, ATT, or ATC."
I though antiquest can be loaded only where it's safe to discharge (same as with non-restricted). And that means that one can't carry it's loaded, unless you found a safe place somewhere in Crown Land and about to shoot. Please explain me "carrying loaded" aspect of antiques.
Click to expand...

My understanding of this is, unless you are in a province where handgun hunting is legal for small game you are in transport mode with your antique until you get to the area you are going to target shoot and therefore transport rules apply until that time. When in the bush hunting I have mine in a locked box in the pack on the ATV (as per transport of antique handgun regulations) and when I get to the location I want to target shoot then I remove and open carry. While on the ATV as any motor vehicle you cannot pack (open or concealed) even unloaded it must follow transport regulations.
 
Horilka said:
I'm confused about this conclusion "5. CC s. 95: Being in possession of a loaded "antique firearm" (which is also a "restricted firearm" or a "prohibited firearm"), or one with readily accessible ammunition is legal even if the person is not the holder of any licence, registration certificate, ATT, or ATC."
I though antiquest can be loaded only where it's safe to discharge (same as with non-restricted). And that means that one can't carry it's loaded, unless you found a safe place somewhere in Crown Land and about to shoot. Please explain me "carrying loaded" aspect of antiques.
Click to expand...

It's simply stating that you don't need any paperwork to be in possession of a loaded antique, even if upon not meeting the proper CC conditions would otherwise be deemed a "restricted firearm" or a "prohibited firearm" (eg barrel length)

It has nothing to do with carrying a loaded Antique, it has everything to do with being in possession of one, loaded or with ammo handy.

As to "carrying loaded" I see that as being the same as non restricted rifles, just as the discharge laws state.

That is of course jmho as the Canadian Firearms Laws are intentionally unclear as to what is specifically legal.
My opinion, again, is this is so they can use whatever interpretation of the vague laws to their advantage depending on circumstance.

you were referring to the antique iron being loaded when you carry it, not you being loaded when carrying an antique, correct? :p
 
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Horilka said:
Well, yes, I totally understand that even toy gun becomes firearm if used in crime.
My question was more about the fact that some ppl use antiques to open carry in the bush for animal protection. I was wondering about legalities of having antique loaded.
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Why would anyone want to use an antique pistol for animal protection when one could carry a short barrel shotgun ?
 
kutler said:
Why would anyone want to use an antique pistol for animal protection when one could carry a short barrel shotgun ?
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Because sometimes your hands are full, sometimes the instant may not grant quick access to a long-arm tied to a back-pack, or maybe the shotgun was left in camp with other members of the party for their protection (& you gone out of camp with hands full of horses lead-ropes making your way to the creek for water at the end of the day) or maybe because you're at a secluded stream fishing/with rod in hand/knee deep in the water and the shotgun against a tree on shore next to the lunch-bucket... OR, possibly you're in the Farm & Ranch line of work, foots-mobile & repairing a stretch of boggy fence in a block of remote pasture; leather belt full of staples around your waist, a hammer in one hand and wire-stretcher over your opposite shoulder (whatta ya know, no-place left to put a shotgun)

These are a few quick-ones that come to MY mind, where that Antique pistol suddenly has a place & reason. Pistol allows a person in every-one of the above mentioned scenario's protection times that long-guns, be them rifle or shotgun cannot quite do the job.

And I'll echo my same further comment as usual on the subject, it-is ridiculous we must fall unto the Antiques to serve us instead of modern-guns with such a permit that would permit-us carry in the bush and in Rural Canada. Since it's the Antiques that we've got though... and until someone understands that a modern "restricted" can actually serve an ordinary Canadian Outdoorsman /Hunter/or Ranch worker the purpose they are permitted to serve Guides/Prospectors and Trappers.. we use what we can. The right Antique can serve a person pretty well until that time.
 
kutler said:
Would a vintage pistol be in any way trustworthy for self defence purposes?
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See, feel and educate the answer will come. Reliability is based on condition much like a car, buy a worn out high mileage one and reliability drops dramatically. There are a lot of antiques that are almost like the day they left the factory 120 plus years ago. Reliability wise I trust all of mine 100%.


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Webley Mk1 .455, Webley Mk2 .45ACP

I have thoroughly inspected mine and they are as good today as when they were shipped off to the Boer War!
 
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