Hunting camp loaded rifle at night

geologist

geologist

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At a hunting camp, is it legal to have a loaded rifle in camp (chamber empty, safety off, loaded tube mag in Marlin 1895GS) for things that go bump in the night?

In resource camps it is legal since it is for defense.

Also, I have an M3 light mounted on this GG. Would a CO frown on this in BC?
 
At a hunting camp, is it legal to have a loaded rifle in camp (chamber empty, safety off, loaded tube mag in Marlin 1895GS) for things that go bump in the night?
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Kind of.

It hinges on the definition of 'in use'. Does a gun have to be in your hands or directly under your control to be 'in use'? The law says no. It says in essence (this is a paraphrase, not a legal term) that you have to have placed it somewhere with the reasonable expectation of using it in the near future.

I think you'd probably get away with it in court. You're there, there's a reasonable expectation of use in the near future - you can't really call it 'stored'. However - i think if a game warden found you with it somehow (can't imagine how) they might not be as up to date on some of the legal definitions of in use and storage. And who knows what a judge would say - even if i was a lawyer you never know till the gavel hits the wood so to speak.

Also, I have an M3 light mounted on this GG. Would a CO frown on this in BC?
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Again - depends. IN the daytime, no. :) If you tell 'em its' a bear defense gun for camp and that's why the light is there, and take the batteries out maybe when you're actually hunting, i think you'll be ok. Again - never know how they're going to take it., but i think they'd view it as 'believable' that you'd want a light for bear defense at night. Just pop the batteries in teh feild and they've got no reason to ##### at all.
 
No sweat then. Clearly you have a legit purpose - you're not using it when actually hunting - he's got no grounds for a beef and most sane ones wouldnt' question your motives.

As to the tent thing - i BELIEVE that would be found to be in use - as in 'i put it there officer with the intent that i may use it sometime during the night to legally defend myself, therefore it's in use. (in use has a fair bit of legal definition already worked out over the years. )

However - you'd always be best consulting a lawyer. Or a more competant legal group like the nfa or something that looks at this kind of stuff regularly.
 
Having a loaded (one in the chamber) rifle at camp has been on debate here before.

Just do what makes you feel good at night. Mind you I am not condoning ilegal activity. If you are in the middle of nowhere it is a comfort to know that a shot is only a safety flick away vs loading a round from the mag or worse (slower). If I am by myself at camp while guys are still out I have my gun loaded and on safety, bbl pointing in a safe direction. (usually gun in a vertical holder, bbl pointing straight up).

Now I am sure people will say that it's bad (or illegal :shock: ) to have a loaded gun, but I am technically hunting for heavens sake. I mean at any time there could be a moose or deer crossing the clearing where we always set up camp. (actually we got two deer that way there :lol:). As to having it loaded at night, when you are not actually allowed to hunt, I think it's all up to you.

If you are alone, well then it's a no brainer. (keep it loaded and on safe) if you are with a buddy (or buddies) make sure you tell them what you are doing and give them the common curtosy to agree or disagree with you. You might need to have one chambered, but they'll insist on the action being open or whatever.

Make sure you play nice when with a buddy or more people. Everyone likes to feel safe but that does not only mean safe from big critters.

If you like you can always call the WLAP in Surrey and ask them. They should forward you to someone who actually works in the field, not just the secretaries who read the synopsis rules back to you.

Hope this helps.

Alex
 
Most of the trappers I hung with when I was a river rat kept ALL their firerams loaded in their cabins.
The kids didn't touch them, and it was absolutely taboo to touch another man's rifle without asking (still is, actually)

I know many these days that keep a detachable magazine loaded, which is a good argument for detachables, until you lose it!:shock:

As far as myself goes, I never worried about it, however, I live in black bear country, not grizz country.

I would say go with what gives you piecee of mind, but be aware that if everyone in camp should be aware of the situatiion.

I hunted once ( and only once) with a hunter safety instructer that kept his
1873 on half #### leaning against a tree.
When I asked him to unload it i ws told "these deer can come out at anytime so you have to be ready for them"!! :shock:
I was a seasoned guide then, and this particular fellow did not endear himself to me, as a deer flitting through camp would hardly constitute a
dangerous situation...

Cat
 
Umm... Cat... on 1892's, 1873's, and 1894's made before the days that Lawyers started to Run Winchester, half #### IS the safety on these guns. There is no other safety other than leaving the gun empty until you see a deer - no thanks.

In order for the gun to fire, the hammer must be fully cocked the rest fo the way and the hammer depressed. It won't fire from half-#### no matter how hard you jar the gun or accidentally pull the trigger.

For that matter, lots of guns have no safety at all other than the practice of keeping your finger off the trigger and the muzzle pointed in a safe direction. The Berthier and MAS 36 based rifles come to mind. Also, the springfield trapdoor and most of the side-hammer fired cartridge guns.

Never mind muzzle loaders where the only real safety would be to leave them uncapped.

In my mind, NO mechanical safety should ever be relied upon EVER. our safety is common sense, trigger control and muzzle awareness.
 
If you scaredy cats are so chicken of the woods, stay home. :roll:

I remember a fly in hunt we had where there was grizzly hair stuck to the game poll in camp when we arrived. My buddy was ####ting his pants. A couple of nights later, he heard our pots and pans rattling around. He woke me. "theres a griz in camp, oh my god oh my god!!! Load you gun and take a look!"

I couldnt believe it. He listens to this for 10 minutes then wakes ME up to take a look.

I open the tent with my loaded 7 mag and he wouldnt even scan out the door with the flash light. I was expected to shoot a charging griz one handed holding a light with the other.

When I caught him in the flash light staring at me just 10 feet away, I decided just to shoo him away. It worked and lucky for him. You could imagine what a point blank 7 mag can do to a pine martin! :mrgreen:
 
In all seriousness though, there never be a loaded gun in my camp unless there is actually a bear/cat in sight and I'm holding the fire arm. Too many accidents have happened with fire arms left loaded. Its kind of an oxy moron. Leave a loaded fire arm around for safety. :roll:
 
Claven2 said:
Umm... Cat... on 1892's, 1873's, and 1894's made before the days that Lawyers started to Run Winchester, half #### IS the safety on these guns. There is no other safety other than leaving the gun empty until you see a deer - no thanks.

In order for the gun to fire, the hammer must be fully cocked the rest fo the way and the hammer depressed. It won't fire from half-#### no matter how hard you jar the gun or accidentally pull the trigger.

For that matter, lots of guns have no safety at all other than the practice of keeping your finger off the trigger and the muzzle pointed in a safe direction. The Berthier and MAS 36 based rifles come to mind. Also, the springfield trapdoor and most of the side-hammer fired cartridge guns.

Never mind muzzle loaders where the only real safety would be to leave them uncapped.
Caven2, i didn't ask him to put the safeety on, I wanted him to UNLOAD it!
There is absolutely no reason in my mind, to have a loaded rifle in a deer camp in the middle of the afternoon in North Eastern Alberta, especially when it is leaning against a tree unattended ....
In other words, i concour with you!
Cat


In my mind, NO mechanical safety should ever be relied upon EVER. our safety is common sense, trigger control and muzzle awareness.
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I leave my rifle mag loaded but nothing in the chamber. I put it with in easy reach of my bed, on the floor pointed away from everyone else in the tent, I always sleep by the wall. I do the same type of thing in camp while cooking, doing dishes and gutting or skinning moose. The grizz eat moose, our camp smells like moose (and bacon :lol: ), we have a moose hanging in camp. These are reasons enough to be carefull. We had a grizz walk through camp in the middle of the day 2 years ago. I was not in camp at the time but the guy that was did not have his gun ready and nearly #### himself when mr grizz strolled by and gave him the stink eye.

If you can't trust your hunting partners around a gun with shells in the mag you are hunting with the wrong bunch of fools.
 
At a hunting camp, is it legal to have a loaded rifle in camp (chamber empty, safety off, loaded tube mag in Marlin 1895GS) for things that go bump in the night?
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Loaded Gun in Building = Bad idea. Despite all good intentions, #### happens. Someone knocks it over etc.. Too many accidents happen to good people that are "always safe"....

If you are that worried have a gun the is quick to load with a clip. keep the clip on the table. If you can't slap a clip in a 7600 and pump four shots into a bear in about 7-10 seconds...... :shock:

A double barrel SxS and 2 SSG's or 00's can be good for a close encounter indoors.
 
sPuTnik said:
At a hunting camp, is it legal to have a loaded rifle in camp (chamber empty, safety off, loaded tube mag in Marlin 1895GS) for things that go bump in the night?
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Loaded Gun in Building = Bad idea. Despite all good intentions, #### happens. Someone knocks it over etc.. Too many accidents happen to good people that are "always safe"....

If you are that worried have a gun the is quick to load with a clip. keep the clip on the table. If you can't slap a clip in a 7600 and pump four shots into a bear in about 7-10 seconds...... :shock:

A double barrel SxS and 2 SSG's or 00's can be good for a close encounter indoors.
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Good post! 8)
 
Seems to be an unwritten rule around these parts (especially in horse camps) that all rifles have empty chambers & loaded magazines. A wolf or bear shows up in or near camp, you grab the closest rifle, work the action and you're in business.
 
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Oh, I see. You mean un unattended loaded gun. Yes, that is decidedly bad. I thought you meant he didn;t unload it while he leaned it against a tree for a few seconds to take a piss or something and was worried he might get eaten by a grizz or miss the big buck. If it was leaning against a tree unattended all day while he was doing camp chores or something than that's just stupid.

I think I would probably not mind if the mag was loaded and the chamber empty but on many guns it's hard to know if the chamber's empty or not unless you leave the action open. I guess the loaded mag empty chamber practice depends on the gun you are using. Personally, if I'm not in personal care of a gun, it's totally unloaded.

If I were in grizz country tenting it, I'd probably have a short 18" pump shotty mag loaded, empty chamber, action open at the ready specifically for camp defence. Then I'm just a fast action cycle away from a mag full of slugs. :twisted: Of course said gun would be within arms reach, otherwise I'd unload it as I trust no-one but me with guns I've personally loaded.
 
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