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12-02-2014, 07:46 AM
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Join Date: Sep 2007
Location: Calgary AB
Posts: 2,707
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F&W Officers WILL charge you if you are on the road side of the fence. To be completely legal you have to be across the fence. I think that is stupid, but that is the way it is.
Read the regs posted above.
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12-02-2014, 09:16 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,659
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Quote:
Originally Posted by elkhunter11
That word in red is the one that really matters. If you purposely interfere with a lawful hunt, then you are committing a violation, and you should be charged for doing so. If someone interfered with your lawful hunt because they were making assumptions about what you "might" do , you would likely be very upset about it.
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If someone interfered with my lawful hunt to mitigate a potential unsafe act then that would be awesome and welcomed. I have stopped our own hunts when I knew the potential to wound game, not really sure of backdrop (what's over the rise) etc was a possibility and we as a group rethought what was transpiring BUT as indicated this individual was unlawful so in my case had I been there it would have potentially saved an unlawful act.
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Be careful when you follow the masses, sometimes the "M" is silent... 
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12-02-2014, 09:26 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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Authorities were contacted and he was charged along with a second fellow.
Read and follow the regs. Shooting from a busy road with lots of traffic on it.
Illegal and unethical IMO
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12-02-2014, 09:27 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by 58thecat
If someone interfered with my lawful hunt to mitigate a potential unsafe act then that would be awesome and welcomed. I have stopped our own hunts when I knew the potential to wound game, not really sure of backdrop (what's over the rise) etc was a possibility and we as a group rethought what was transpiring BUT as indicated this individual was unlawful so in my case had I been there it would have potentially saved an unlawful act.
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Any hunt can end up in an unsafe act for many reasons, like you could fall out of a tree stand if you fall asleep or slip, you could trip while walking and have an accidental discharge. Maybe by honking it is you that is creating the unsafe hunt to occur. Best just to obey the law, despite your opinion on what you think someone else should be doing.
Just saying.
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12-02-2014, 09:29 AM
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Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
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Quote:
Originally Posted by 58thecat
Yeah legal but I hate that style so I would have laid on the horn.
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And if you did, I'd sure hope to see you charged with interfering with a hunt. I can only hope you were joking with that comment.
Sounds like the Valley Hay land just north of Turner, always a constant circulation of trucks around that land, watching, waiting. I hate that. Once harvested an elk there, but don't even want to go by there now.
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12-02-2014, 09:35 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
Authorities were contacted and he was charged along with a second fellow.
Read and follow the regs. Shooting from a busy road with lots of traffic on it.
Illegal and unethical IMO
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What were they charged with?
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12-02-2014, 09:37 AM
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Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
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Quote:
Originally Posted by 58thecat
If someone interfered with my lawful hunt to mitigate a potential unsafe act then that would be awesome and welcomed. .
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So if I thought you MIGHT turn around and accidntally aim your rifle at someone, and that doubt only has to be in MY mind, I should start laying on my horn? geez 
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12-02-2014, 09:38 AM
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Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
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Quote:
Originally Posted by AB2506
F&W Officers WILL charge you if you are on the road side of the fence. To be completely legal you have to be across the fence. I think that is stupid, but that is the way it is.
Read the regs posted above.
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Yup. It's not that hard. Climb the fence and get yourself on the land you have permission to hunt.
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12-02-2014, 09:42 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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Charged under the wildlife act with discharging a firearm on a road I believe
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12-02-2014, 09:43 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
Charged under the wildlife act with discharging a firearm on a road I believe
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How do you know they were charged?
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12-02-2014, 09:43 AM
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Join Date: Mar 2008
Location: Calgary
Posts: 1,133
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Quote:
Originally Posted by AB2506
F&W Officers WILL charge you if you are on the road side of the fence. To be completely legal you have to be across the fence. I think that is stupid, but that is the way it is.
Read the regs posted above.
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you are correct... you will be charged.
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12-02-2014, 09:55 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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The officer contacted me to follow up
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12-02-2014, 09:57 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
The officer contacted me to follow up
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It's possible they were just charged with trespassing then?
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12-02-2014, 10:00 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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The officer contacted me and said:
"We did charge the person under the Wildlife Act for discharging his firearm on the road"
Even if you have permission you can not fire a rifle from a highway.
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12-02-2014, 10:02 AM
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Join Date: Jul 2009
Location: Calgary
Posts: 1,002
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Quote:
Originally Posted by elkhunter11
So you would interfere with a lawful hunt?
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I would 100% interfere with a "lawful" hunt. By the sounds of it there were cars pulled over observing the elk. I would be honking at them to get off the damn roadway. If it interferes with his hunt its just collateral damage 
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12-02-2014, 10:07 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
The officer contacted me and said:
"We did charge the person under the Wildlife Act for discharging his firearm on the road"
Even if you have permission you can not fire a rifle from a highway.
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I have a friend who is a high ranking F&W officer, unless the alleged perp admitted to shooting off the road (from the road surface), it's extremely hard to be charged with it. The same friend told me it is legal to shoot from the fence line. I will admit I never specified which road the fence line was bordering, I'll ask him about it tho.
You left out the part of the story where you seen them shooting then called F&W.
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12-02-2014, 10:29 AM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,659
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Quote:
Originally Posted by tam474
The officer contacted me and said:
"We did charge the person under the Wildlife Act for discharging his firearm on the road"
Even if you have permission you can not fire a rifle from a highway.
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Eww too bad I was not there to honk the horn and stop the so called hunter from discharging his firearm from the road. Would have saved the so called hunter from making a meathead decision...
Also indicated was that these animals were stressed, circling etc NOT what I would call hunting rather harassing.
At the end justice was served! 
__________________
Be careful when you follow the masses, sometimes the "M" is silent...
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12-02-2014, 10:38 AM
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Join Date: Jun 2012
Posts: 373
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That is a problem area for elk that is why the extra seasons for them there are roads all over the place there as long as you have permission and shoot legally who cares where they shoot from.If nobody takes the elk out of there all you hear is whining from landowners(usually the ones that don't allow hunting) around there about too many elk damaging crops and fences.
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12-02-2014, 10:43 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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Apparently fish and wildlife along with RC's care if you are discharging a high powered rifle from a busy highway. Isn't the extra season primitive weapons too?
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12-02-2014, 10:58 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
Apparently fish and wildlife along with RC's care if you are discharging a high powered rifle from a busy highway. Isn't the extra season primitive weapons too?
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The part I don't get is where in the regs it specifies where it's illegal due to the amount of traffic on the road.
I smell something fishy about this whole storey.
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12-02-2014, 11:00 AM
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Join Date: Jun 2012
Posts: 373
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How do you know it's a high powered rifle was he charged with using that weapon in the bow zone.Could be a muzzle loader he had. The guy should have just climbed the fence and all would be legal.
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12-02-2014, 11:08 AM
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Join Date: Aug 2011
Location: Calgary, AB
Posts: 112
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discharge a firearm from or cause a projectile from a firearm to pass along or across:
a) a provincial highway (this designation applies to all former primary and secondary highways),
b) a road that is paved, oiled, graded or regularly maintained, unless
- the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or - the person is hunting game birds with a shotgun under the authority of a licence.
Note: if there is no identifiable ditch or fence to mark the outside edge of the roadway, then the roadway extends 20 feet from the edge of the traveled portion.
It says nothing about traffic but does state primary or secondary highway. Which this highway is. It also states paved, oiled, graded or regularly maintained. Which this highway is.
I agree. All the fellow had to do was jump over the fence and he would have been legal. But that is apparently too much effort
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12-02-2014, 11:11 AM
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Banned
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Join Date: Nov 2009
Location: High River, AB
Posts: 10,788
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Quote:
Originally Posted by Kurt505
The part I don't get is where in the regs it specifies where it's illegal due to the amount of traffic on the road.
I smell something fishy about this whole storey.
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The regs say nothing about traffic or busy. It clearly states "from". I know every mile of that highway as I live nearby and travel it frequently. That numbskull deserves to have the book thrown at him. There is nothing fishy about the OP's story as far as I'm concerned.
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12-02-2014, 11:23 AM
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Banned
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Join Date: May 2009
Location: Communist state
Posts: 13,245
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Quote:
Originally Posted by tam474
discharge a firearm from or cause a projectile from a firearm to pass along or across:
a) a provincial highway (this designation applies to all former primary and secondary highways),
b) a road that is paved, oiled, graded or regularly maintained, unless
- the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or - the person is hunting game birds with a shotgun under the authority of a licence.
Note: if there is no identifiable ditch or fence to mark the outside edge of the roadway, then the roadway extends 20 feet from the edge of the traveled portion.
It says nothing about traffic but does state primary or secondary highway. Which this highway is. It also states paved, oiled, graded or regularly maintained. Which this highway is.
I agree. All the fellow had to do was jump over the fence and he would have been legal. But that is apparently too much effort
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The officer would have to
A) Physically see the perp discharge the firearm illegaly
B) Have the perp admit that they had infact discharged the firearm illegally
C) Have eye witness testimony willing to testify in a court of law
If the officer followed up with you, saying they are being charged under the wildlife act, i find it odd they are not telling you what exactly they are being charged with or asking for a written statement.
I'm not saying it didn't happen, I'm just saying things aren't adding up.
For the record, I do not shoot off of busy highways for the sole reason I don't see the need to ruffle granola munchin tree huggers feathers.
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12-02-2014, 11:35 AM
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Join Date: Oct 2008
Location: Location
Posts: 4,961
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Quote:
Originally Posted by 58thecat
Eww too bad I was not there to honk the horn and stop the so called hunter from discharging his firearm from the road. Would have saved the so called hunter from making a meathead decision...
Also indicated was that these animals were stressed, circling etc NOT what I would call hunting rather harassing.
At the end justice was served! |
The ends don't justify the means. My buddy had a guy lay on his horn to disrupt his totally legal hunt this year based on his perception of legalities. Unbelievable. Maybe that was you in 338?
Go canucks though
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12-02-2014, 11:39 AM
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Banned
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Join Date: Jan 2010
Location: rollyview
Posts: 7,860
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oh the last day of the hunting season...
if you don't shoot anything you're a bad hunter and you will be ridiculed.
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12-02-2014, 11:51 AM
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Join Date: Dec 2009
Posts: 10,251
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Quote:
Originally Posted by 58thecat
Lawful but bordering on unsafe like I mentioned seen too many of these performances where the game goes across the road and these skilled hunters keep shooting, sometimes these individuals need a reminder of potential unsafe firearms handling etc they get caught up in the kill not the hunt and put the animals at risk of getting wounded and the risk of injuring people...it's just the the whole hype, gotta get a shot that is done is haste with little to know thought of backdrop etc. just my opinion gents.
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That a whole lot of conjecture in an attempt to save face....
Quote:
Originally Posted by tam474
Authorities were contacted and he was charged along with a second fellow.
Read and follow the regs. Shooting from a busy road with lots of traffic on it.
Illegal and unethical IMO
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I see the new sheriff is off to roaring start....
The old sheriff used to yell at guys saying " What are you waiting for? Get your guns on the fence and shoot those elk!".
It would be interesting if the recently retired officer for this area was called in to testify at a hearing on these charges. ....
__________________
Alberta Fish and Wildlife Outdoor Recreation Policy -
"to identify very rare, scarce or special forms of fish and wildlife outdoor recreation opportunities and to ensure that access to these opportunities continues to be available to all Albertans."
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12-02-2014, 12:03 PM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,659
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Quote:
Originally Posted by wildwoods
The ends don't justify the means. My buddy had a guy lay on his horn to disrupt his totally legal hunt this year based on his perception of legalities. Unbelievable. Maybe that was you in 338?
Go canucks though
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Nope not me sorry...love those Canucks
__________________
Be careful when you follow the masses, sometimes the "M" is silent...
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12-02-2014, 12:07 PM
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Join Date: Dec 2012
Location: At the end of the Thirsty Beaver Trail, Pinsky lake, Alberta.
Posts: 24,659
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Quote:
Originally Posted by walking buffalo
That a whole lot of conjecture in an attempt to save face....
I see the new sheriff is off to roaring start....
The old sheriff used to yell at guys saying " What are you waiting for? Get your guns on the fence and shoot those elk!".
It would be interesting if the recently retired officer for this area was called in to testify at a hearing on these charges. ....
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Walking Buffalo not happy? Sorry to hear but on this forum as in many others opinions are meant to be expressed.
__________________
Be careful when you follow the masses, sometimes the "M" is silent...
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12-02-2014, 12:35 PM
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Join Date: Dec 2009
Posts: 10,251
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Quote:
Originally Posted by 58thecat
Walking Buffalo not happy? Sorry to hear but on this forum as in many others opinions are meant to be expressed.
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Yup, I am not happy when people make unsubstantiated claims putting hunters into a bad light, especially when they do this simply to save face from thier own dumb comment.
You have no idea if there was anything unsafe with the event being discussed. You should be ashamed for saying it was....
__________________
Alberta Fish and Wildlife Outdoor Recreation Policy -
"to identify very rare, scarce or special forms of fish and wildlife outdoor recreation opportunities and to ensure that access to these opportunities continues to be available to all Albertans."
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