Shorty shotgun cases
- Thread starter jumpingjackflatch
- Start date
I believe the first statement to be true. I’m not entirely sure that second part is true. My recollection from that BS SCC case is that even if you intend something else, but know it’s concealed, you may well be SOL. I understand much of this is still pretty hypothetical in most inadvertent situations. Not so much if you’re a gangster.
Looked at fishing rod cases on Amazon.
Confused on law and intent, thinking if I am walking into a motel room from a parking lot and not wanting to attract attention using a fishing rod case, and was challenged by a LEO, would a Judge not look at the situation and rule on intent?
I get it if I was purposely concealing and transporting a legal weapon in a public place in a violin case, but once again it comes down to intent.
Confused on law and intent, thinking if I am walking into a motel room from a parking lot and not wanting to attract attention using a fishing rod case, and was challenged by a LEO, would a Judge not look at the situation and rule on intent?
I get it if I was purposely concealing and transporting a legal weapon in a public place in a violin case, but once again it comes down to intent.
The law is mess, no doubt. Probably best to read the case and decide for yourself. The more I read it the more I curse the law. 
From the summary of R. v Felawka:
In summary then, the requisite mens rea or mental element of s. 89 will be established if the Crown proves beyond a reasonable doubt that the accused concealed an object that he knew to be a weapon. In order to prove concealment it would have to be established that the accused took steps to hide the weapon so that it would not be observed or come to the notice of others.
From the summary of R. v Felawka:In summary then, the requisite mens rea or mental element of s. 89 will be established if the Crown proves beyond a reasonable doubt that the accused concealed an object that he knew to be a weapon. In order to prove concealment it would have to be established that the accused took steps to hide the weapon so that it would not be observed or come to the notice of others.
mudgunner49
CGN Ultra frequent flyer
geo???
mudgunner49
CGN Ultra frequent flyer
Full name Geologist, regular CGN poster....
You could probably right firearm in mandrin on your non specific case if you live in Vancouver and have a legal argument but French or English are a better bet.
Ah - roger that... I am familiar with his posting, not that one specifically though (obviously)... thanks!!!
sillymike
CGN Ultra frequent flyer
I guess living at the edge of no-where does have it's advantages
- Have a soft case strapped to the side of the motorcycle, wearing hunting vest over the motorcycle gears... stopped at the gas station.
- A police officer pulls up to the next pump... Do ou have you rifle in there?
*-* Actually, it's shotgun, out looking for grouse
- Officer: Cool, be safe.
- Have a soft case strapped to the side of the motorcycle, wearing hunting vest over the motorcycle gears... stopped at the gas station.
- A police officer pulls up to the next pump... Do ou have you rifle in there?
*-* Actually, it's shotgun, out looking for grouse
- Officer: Cool, be safe.
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I have the Canuck brand logo to put on my violin case that will hold my regulator. Meets the requirements as it will b in plane view and represent the contents.
The law surrounding the issue could have been set a alot clearer I agree but it is something ppl should be aware of. If it's designed for something else and the general public would know that then if it's concealing a gun it must be labeled as such
All the crown has to prove is you concealed it in a case not representative of a gun case. Rather easy to do if you get caught with a gun in a camera bag or guitar case
I get it it's dumb but it is the law and if you get that over zealous cop...
I don't think it's the law but there is precedent in court, it does boil down to intent which is sometimes hard to prove.
If I go around with a gun in a see through case and people around are panicking and calling the cops, is that a better scenario then being discreet with a non descrip case?
It makes zero sense, but writing "Armes a Feu" clearly in small print somewhere on the case is easy enough and could make the difference if the judge is an activist anti.
I'm less sure having a logo on the bag would qualify as clearly marked as a gun case, but at the end of the day the chances of any of this applying to 99.9 percent of us is close to nil.
Way too much worry here, IMO. The armes a feu thing might be a good precaution for a world traveler but short of someone getting caught carrying firearms into a place like an aircraft, courthouse or legislature, charges of carrying a concealed weapon would be defeated if said firearm wasn't loaded and especially if it had a trigger lock in place.
sillymike
CGN Ultra frequent flyer
If we're going to laywer up
- Why did that over-zealous cop stopped you in the first place?
I guess I've been lucky, as I've never really had to deal with any over-zealous cop other than one border agent, maybe 20 years ago.
- And that situation quickly came to a end why I asked to get everything in writing and signed by his boss. As I think he's making stuff up and I intended to file a complaint...
If you really want need to dumb-it-down for a judge/lawyer.
- You could always bring to instruct manual for the given case, and point out that no-where does it say that this or that case is not to be used to carry firearms.
- In a worst case scenario, the government will pass a new law, where case manufacturers will have to include serial # and manufacturing dates on their cases, to show prove that these cases were shipped with a disclaimer that they are NOT to be used to carry firearms... and next thing you know, you're pre-ban cases will have doubled in value
I've had issues at ride programs where an officer thought I had prohibited guns because my sxs and ou guns were in take down cases apart. Had to wait for a superior officer to come and give her the look of absolute stupidity. Her response was she didn't know shotguns came apart
Other times I have had cops waiting at my truck when I return from a hunt. Alot of anti hunters around just like to harass hunters. I get my licenses checked and have been asked to prove I had a case as my truck was there before daylight
Never had an issue with the case yet but my cases are factory take down cases or actual gun cases.
Other times I have had cops waiting at my truck when I return from a hunt. Alot of anti hunters around just like to harass hunters. I get my licenses checked and have been asked to prove I had a case as my truck was there before daylight
Never had an issue with the case yet but my cases are factory take down cases or actual gun cases.
Southern Ontario proving once again that it has lost grip on reality.
