Legally transporting a firearm on a motorcycle

I wouldn't sling it on my back and ride it down the busy highway. There was a thread here a few years back where someone did that and drew a lot of unwanted attention from the police.

Definitely best to keep it cased and as out of sight as possible.
 
The problem comes from the way our laws are written and have been interpreted by the courts, if a firearm is placed in a case that isn't easily recognized as containing a firearm then said case has to be clearly marked to indicate a firearm is inside, otherwise it can be construed as concealed carry (at least that's my understanding I could be wrong). In my mind, golfcases and the like would be a great way to transport and not traumatize any of the more delicate population members and causing them years of therapy and nightmares.
 
That's weird, thanks for the tip. Would have thought it'd be counter productive to label it as a weapon when they explicitly ask to carry them in an opaque container in order to keep them out of sight
 
I wouldn't sling it on my back and ride it down the busy highway. There was a thread here a few years back where someone did that and drew a lot of unwanted attention from the police.

Definitely best to keep it cased and as out of sight as possible.

I remember that, lol!
 
A firearm is considered to be a weapon by definition. One of the elements of the offence of carrying a concealed weapon is the weapon is intended to be used against another person or to intimidate another person. So if you are going hunting or target shooting you can conceal the firearm. If you are going to rob a bank or carrying it for protection, then you can be charged.

Hope that helps.
 
So how come we don't hear about all the pistol owners who use Pelican cases getting charged? My Pelican case is red with an Apple sticker on it. Am I going to be arrested when there is no electronic device inside?

Not saying you are going to be arrested, just saying you could be. That more people are not charged in this way in no way diminishes the law.
h ttps://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Carrying_a_Concealed_Weapon
 
Not saying you are going to be arrested, just saying you could be. That more people are not charged in this way in no way diminishes the law.
h ttps://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Carrying_a_Concealed_Weapon

You can not be charged for concealing a firearm when you are taking it to the range. In my previous post I explained that part of the offence is there has to be proof the firearm was either used against a person or intended to be used against a person. This charge is almost never layed on its own. It usually is layed along with a bunch of other charges. If you are asked why you have the gun and you tell the officer protection then you could be charged.
 
Actually you're wrong. Intent to do harm means nothing.

The charge is simple:

1. Did you carry a weapon of some sort?

- a firearm of any sort (including an antique) is a weapon, full stop, under our current laws that define what a weapon is. You would have no defense here.

2. Did you conceal it with the intent to conceal it?

- this may be harder depending on the circumstances. Riding s motorbike with a backpack or shoulder bag and a locked cased handgun inside, clearly your intent was to safely carry it, the concealment was just incidental to the method by which you carried it.

Take a guitar case, fill it with pelican foam, cut it out to fit your favourite rifle, and carry it in that? You clearly selected a guitar case, and the intent to conceal would be fairly easy to prove.... You used a case that looks nothing like a case normally used to carry a guitar, ergo you concealed it.

Any talk of "keeping the bed wetters from seeing it" is talk of concealment.

See R. Vs. Falawka for more details. The supreme court held that there need not be intent to use the item as a weapon if it was a gun, because a gun is inherently defined as a weapon all the time.

Do not conceal a firearm intentionally and carry it, unless you like risking jail time over nothing.
 
I ride past cops all the time with my Allen soft rifle bag sticking out of my pannier. Never had a problem, not really concerned, as it is my mode of transport. I'm not drawing undue attention, and it is pretty hard to keep out of sight, as with the shotgun case, it's 42" long.
I used to use a guitar case, until one day while stopped for lunch some guy asked me "What caliber is your six string?"

I guess it didn't fill out the bag too well...
 
NnaYIxq.jpg
 
another catch 22 situation? A firearm must be out of sight, but it can't be concealed?

Nope

Boils down to intent and as the court case detailed whether or not the case is identifiable as a gun case. Its not rocket surgery

1) use a gun case
2) dont tell a cop you put a gun somewhere to not scare people or so they would not know what it is

Just know what the law is and that your choices have consequences. And that it ever being an issue, despite what CGN says, people charged with anything under the firearms act is astronomically small.

Dont give them an easy one

Shawn
 
I used to sling my Mauser over my back and hop onto my on/off road dirt bike and just head up into the hills above town to do some shooting. No hassles back then (25+ years)
I'm not sure what I'd do now. Perhaps the same thing but with the bolt tucked away separately in with the ammo.

Two issues here; what's legal, and what would get someone's panties in a knot regardless of legality of carry.
 
Okay so question then i was told by my instructor that guitar cases were perfect because they dont draw alot of attention. Besides i dont want my neighboorhood to know i have guns anyway. Its like a big sign "come take my guns and get me in trouble"
 
Transportation of Restricted Firearms
11 An individual may transport a restricted firearm only if
(a) it is unloaded;
(b) it is rendered inoperable by means of a secure locking device;
(c) it is in a locked container that is made of an opaque material and is of such strength, construction and nature that it cannot readily be broken open or into or accidentally opened during transportation; and
(d) if it is in a container described in paragraph (c) that is in an unattended vehicle,
(i) when the vehicle is equipped with a trunk or similar compartment that can be securely locked, the container is in that trunk or compartment and the trunk or compartment is securely locked, and
(ii) when the vehicle is not equipped with a trunk or similar compartment that can be securely locked, the vehicle, or the part of the vehicle that contains the container, is securely locked and the container is not visible from outside the vehicle.

if a guitar case meets the requirements above then it becomes a gun case.
 
Okay so question then i was told by my instructor that guitar cases were perfect because they dont draw alot of attention. Besides i dont want my neighboorhood to know i have guns anyway. Its like a big sign "come take my guns and get me in trouble"

Your first mistake is taking legal advise form your "instructor". If it was not written in the text book you got and he told you it, he is talking out his a**

Shawn
 
Don't do what Wally did and ride home through Kelowna in full traffic with your M305 slung over your back.... :)
 
Back
Top Bottom