General question about shotguns

[kodiakjack]

Your in Ottawa right so Ontario. Let me get this straight you want to walk in the bush with 5 shots in the shotgun and see what the CO has to say, You will be charged. Don't think so try it.

How are you going top prove you are not hunting? Now if your standing in a quarry shooting at clays you might be OK, but if you get a prick well he can still give you a fine and you can argue all you want it will be up to you to prove other wise in a court of law. Oh and for critter defense?? If your that scared I suggest staying out of the bush as the CO will laugh at you.

In Ontario, if walking through the Bush with a shotgun loaded with 5 slugs, and I ONLY have slugs in my possession, AND there is NO open big game season... Then I can only be doing one of three activities:

1. Target shooting
2. Carrying for defence
3. Poaching

I can’t be charged for hunting with an oversized mag, because there’s no hunting season that lines up with the type of firearm and ammo I’m carrying. Now if I’m not carrying any other hunting (poaching) paraphernalia, then it’s a no-brainer that I’m either in category one or two.

And if I WERE to be charged with poaching, then it wouldn’t matter what type of firearm or ammo I was carrying. There would be as much indication of poaching whether I was carrying a slug gun with 5 slugs, or a 308 rifle with 5 rounds.

 

[Superbrad]

As the law says, you do not have to prove you are not hunting...... You only have to provide evidence to the contrary..... A basket full of berries, a target, whatever......

 

[Boomer]

As the law says, you do not have to prove you are not hunting...... You only have to provide evidence to the contrary..... A basket full of berries, a target, whatever......

Or you could simply show him the scars you got that time you weren't carrying a gun for protection.

 

[Boomer]

I have absolutely no interest in carrying any kind of firearm if I am not hunting or target shooting. I am absolutely not worried about animals, either 2 or 4 legged. It's just the article in Calibre that tweaked my curiosity, as the author says he would carry a pump shotgun for critter defense because it will hold 5 shots. I was just wondering about the legality of it.

I guess I should have known better - that this would degenerate into name-calling and insults against anyone who replied (not aimed at you, GW). My one and only question is this:

Do you think it is legal anywhere in Canada to be walking around in the bush with a shotgun loaded with 5 rounds?

The 3 round rule applies universally to migratory game bird hunting, and has been agreed upon between both Canada and the US. That does not automatically apply to other types of hunting, or to other uses of a shotgun. However, different jurisdictions have different ideas, and if you don't know, you should ask the local enforcement people what their interpretation of the law is.

 

[John Y Cannuck]

Has this ever been taken to court? It would seem to run afoul of "innocent until proven guilty" section of the Charter of Rights.

It's likely been to court before, and I suspect the officer's opinion was enough to get the charge upheld.
Versions of that definition have been in the act for decades.
Look at it from the standpoint of an investigating officer. If he comes in, it's really up do him to make the decision, if he thinks you are hunting, you'll have a tough row to hoe to prove otherwise. Keep him happy, and all will be well. Often on a hunt camp inspection they come in pairs, when they have been to ours they have been in pairs about 50% of the time. That makes their decision hard to refute in court. Simply don't do stupid unnecessary crap that walks the edges of the law, and there will be no issue.

 

[RRH.01]

I have absolutely no interest in carrying any kind of firearm if I am not hunting or target shooting. I am absolutely not worried about animals, either 2 or 4 legged. It's just the article in Calibre that tweaked my curiosity, as the author says he would carry a pump shotgun for critter defense because it will hold 5 shots. I was just wondering about the legality of it.

I guess I should have known better - that this would degenerate into name-calling and insults against anyone who replied (not aimed at you, GW). My one and only question is this:

Do you think it is legal anywhere in Canada to be walking around in the bush with a shotgun loaded with 5 rounds?

In BC it is, from the BC hunting regulations,

"It is unlawful to hunt or trap with a set gun or with a pump, repeating or auto loading shotgun unless the magazine contains a plug that is incapable of holding more than 2 cartridges. Where the use of a shotgun is allowed for hunting or trapping big game, an unplugged shotgun holding more than 2 cartridges and firing single projectiles only (slugs) may be used"

Page 91
https://www2.gov.bc.ca/assets/gov/s...-2018/hunting-trapping-synopsis-2016-2018.pdf