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Old 11-21-2017, 09:36 AM
MikeBouch MikeBouch is offline
 
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Default Wildlife act vs Federal law (unrestricted transport)

Unrestricted transport by federal only states the unrestricted firearm must be unloaded. If your vehicle is unattended you need to lock your doors with the unrestricted firearm hidden(out of sight).
Federal is enforced by RCMP.
Wildlife act pertains that all unrestricted firearms need to be locked up and or firing mechanism removed and ammunition locked up in a separate compartment.
Wildlife act is enforced by fish and wildlife cops.

So can RCMP give fines under the wildlife act?

Where's the line between wildlife act, provincial laws and federal laws?

Would a trigger lock be O.K? There is no mention that I can find under wildlife act saying it would be.

Anyone versed on this topic let me know if I'm on the right track?

Any help on this topic to clarify would greatly be appreciated.

Thanks

Last edited by MikeBouch; 11-21-2017 at 09:40 AM. Reason: Added another question
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  #2  
Old 11-21-2017, 09:44 AM
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What's the scenario...obviously there is a story to this question.

LC
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Old 11-21-2017, 09:46 AM
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Quote:
Originally Posted by MikeBouch View Post
Unrestricted transport by federal only states the unrestricted firearm must be unloaded. If your vehicle is unattended you need to lock your doors with the unrestricted firearm hidden(out of sight).
Federal is enforced by RCMP.
Wildlife act pertains that all unrestricted firearms need to be locked up and or firing mechanism removed and ammunition locked up in a separate compartment.
Wildlife act is enforced by fish and wildlife cops.

So can RCMP give fines under the wildlife act?

Where's the line between wildlife act, provincial laws and federal laws?

Would a trigger lock be O.K? There is no mention that I can find under wildlife act saying it would be.

Anyone versed on this topic let me know if I'm on the right track?

Any help on this topic to clarify would greatly be appreciated.

Thanks
good question. Could you tell me the section of the Wildlife Act that lays out the conditions you quote above?
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Old 11-21-2017, 09:59 AM
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Originally Posted by Okotokian View Post
good question. Could you tell me the section of the Wildlife Act that lays out the conditions you quote above?
X2 - I don't think any of those apply to Alberta's Wildlife Act.
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Old 11-21-2017, 10:02 AM
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X2 - I don't think any of those apply to Alberta's Wildlife Act.

The only rule I could find like that was in the hunting regs under OHV use.

"It is unlawful to
  • discharge a weapon at antelope from within 46 m (50 yards) of a vehicle;
  • use motorized travel within Willmore Wilderness Park; and
  • carry a weapon (see definition) on an OHV between 1 hour before sunrise and the following noon during an open season for big game* on public land in the following WMUs: 102-166, 200-260, 300-351, 354-360, 400-446, 507, 508, 514, 521, 522, 526 and 841. This does not apply to a person who is traveling on a direct route to or from a location accessible by vehicles designed for highway travel and his or her isolated campsite, and the weapons and ammunition are carried out of view in separate locked containers (and remain locked during the trip). Also, the restriction does not apply in a WMU when the only big game season open is a spring black bear season.
    * this restriction applies to all hunters (including bird game hunters)."
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Old 11-21-2017, 10:07 AM
MikeBouch MikeBouch is offline
 
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Not much of a story really just to clarify for my knowledge.

RCMP enforces this,

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm

while wildlife act enforces this,

http://www.qp.alberta.ca/1266.cfm?pa...=9780779796960

section 119 - 121

I've gone through a road block in august, RCMP officer claimed he could fine me for not having my firearm locked up and ammo locked in a compartment.
I had my firearm in a soft shell zipper case under my back seat(out of sight.)
Ammo was in the glove box.
By federal law this is ok so just trying to clarify on these topics.
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Old 11-21-2017, 10:07 AM
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Quote:
Originally Posted by MikeBouch View Post
Unrestricted transport by federal only states the unrestricted firearm must be unloaded. If your vehicle is unattended you need to lock your doors with the unrestricted firearm hidden(out of sight).
Federal is enforced by RCMP.
Wildlife act pertains that all unrestricted firearms need to be locked up and or firing mechanism removed and ammunition locked up in a separate compartment.
Wildlife act is enforced by fish and wildlife cops.

So can RCMP give fines under the wildlife act?

Where's the line between wildlife act, provincial laws and federal laws?

Would a trigger lock be O.K? There is no mention that I can find under wildlife act saying it would be.

Anyone versed on this topic let me know if I'm on the right track?

Any help on this topic to clarify would greatly be appreciated.

Thanks
Quick answer is yes police officers can act on provincial statues. Including the wildlife act. Also police officers can act as a wildlife officer. That being said In Alberta I don't know of any law that states unrestricted firearms need to be locked for transport.

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Old 11-21-2017, 10:11 AM
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Quote:
Originally Posted by MikeBouch View Post
Not much of a story really just to clarify for my knowledge.

RCMP enforces this,

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm

while wildlife act enforces this,

http://www.qp.alberta.ca/1266.cfm?pa...=9780779796960

section 119 - 121

I've gone through a road block in august, RCMP officer claimed he could fine me for not having my firearm locked up and ammo locked in a compartment.
I had my firearm in a soft shell zipper case under my back seat(out of sight.)
Ammo was in the glove box.
By federal law this is ok so just trying to clarify on these topics.
Unrestricted in transport unloaded

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Old 11-21-2017, 10:23 AM
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Quote:
Originally Posted by MikeBouch View Post
Not much of a story really just to clarify for my knowledge.

RCMP enforces this,

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm

while wildlife act enforces this,

http://www.qp.alberta.ca/1266.cfm?pa...=9780779796960

section 119 - 121

I've gone through a road block in august, RCMP officer claimed he could fine me for not having my firearm locked up and ammo locked in a compartment.
I had my firearm in a soft shell zipper case under my back seat(out of sight.)
Ammo was in the glove box.
By federal law this is ok so just trying to clarify on these topics.
If you are referring to a check stop on a highway, and while driving your truck, which is not classified as a OHV, the RCMP officer can charge you with diddly squat based on having your unrestricted unloaded rifle, cased, out of sight under the seat, with the ammo stored separately. You are doing FAR more than the law requires - which is to ensure your unrestricted firearm is simply unloaded.

As a matter of fact, you can have a mini 30 (unrestricted) on the front seat of your truck, with a loaded magazine in the cup holder ready to go, and have broken no laws. (Not that you would want to do that).

Sections 119,120,121 pertain to OHV and wildlife sanctuary's.

If you were in the highway, and in your truck, you have broken no laws.

If you were driving your truck through a sanctuary, and they set up a check stop there, that, to me, seems pretty sketchy on their part, as the law does read that you can transport and unloaded and cased firearm through a direct route (corridor) through a sanctuary.

I think, based on what I see, you broke no laws. Maybe I'm wrong, but based on what's written in the laws, I don't see it.
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Old 11-21-2017, 10:27 AM
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Quote:
Originally Posted by MikeBouch View Post
Not much of a story really just to clarify for my knowledge.

RCMP enforces this,

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm

while wildlife act enforces this,

http://www.qp.alberta.ca/1266.cfm?pa...=9780779796960

section 119 - 121

I've gone through a road block in august, RCMP officer claimed he could fine me for not having my firearm locked up and ammo locked in a compartment.
I had my firearm in a soft shell zipper case under my back seat(out of sight.)
Ammo was in the glove box.
By federal law this is ok so just trying to clarify on these topics.
It sounds like a case of either another RCMP officer that doesn't know the laws pertaining to firearms, or an officer on a power trip being a bully.
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Old 11-21-2017, 10:31 AM
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Quote:
Originally Posted by elkhunter11 View Post
It sounds like a case of either another RCMP officer that doesn't know the laws pertaining to firearms, or an officer on a power trip being a bully.
Or negligent in enforcing the law.
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Old 11-21-2017, 10:33 AM
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I have talked to a few cops before about this and most of them don't know the law just what they think the law is! I have a not close friend that is a sheriff we got into a argument on this topic he called his supervisor and I was right you only need it unloaded if you are in the car! Unless you are in a park!
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Old 11-21-2017, 10:37 AM
MikeBouch MikeBouch is offline
 
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This does not apply to a person who is traveling on a direct route to or from a location accessible by vehicles designed for highway travel and his or her isolated campsite, [B]and the weapons and ammunition are carried out of view in separate locked containers (and remain locked during the trip).

So by my understanding now its ok to transport from A to B without a locked box for both ammo and firearm. Now would a public land gravel road be classified as a vehicle designed for highway travel?

So RCMP and wildlife cops can't give fines for not having locked ammo and firearm if its in a highway vehicle on a designed highway for travel.

So if they harass anyone about it either or they need to read the wildlife act and federal laws again.

Thanks guys Ill tuck the laws under my back seat in case for future.
If they want to blow smoke at me I can show them the law

Last edited by MikeBouch; 11-21-2017 at 10:44 AM.
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Old 11-21-2017, 10:42 AM
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Here is a link for you,it will explain the laws . I have printed the info and carry it in my range / hunting bag. Far too many Officers are not aware of the transport laws. I have had the same discussion with a RCMP Officer as well. The link will set them straight

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm
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  #15  
Old 11-21-2017, 10:44 AM
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Originally Posted by rottie View Post
Here is a link for you,it will explain the laws . I have printed the info and carry it in my range / hunting bag. Far too many Officers are not aware of the transport laws. I have had the same discussion with a RCMP Officer as well. The link will set them straight

http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm
This ^^^^^^
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Old 11-21-2017, 10:50 AM
MikeBouch MikeBouch is offline
 
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Originally Posted by terry b View Post
I have talked to a few cops before about this and most of them don't know the law just what they think the law is! I have a not close friend that is a sheriff we got into a argument on this topic he called his supervisor and I was right you only need it unloaded if you are in the car! Unless you are in a park!
I totally agree with you.
So in a park these rules don't apply?
Do you have a link on this just to clarify for my understanding please?
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  #17  
Old 11-21-2017, 10:50 AM
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I consider having my rifle cased, as being 'out of sight'. There is no further requirement to hide the case.
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Old 11-21-2017, 10:56 AM
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Originally Posted by thumper View Post
I consider having my rifle cased, as being 'out of sight'. There is no further requirement to hide the case.

With a few exceptions such as certain parks, the firearm does not have to be out of sight if you are in the vehicle.
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Old 11-21-2017, 11:17 AM
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This is Alberta. No need to have a lock or case on any unrestricted while transporting. Leave the vehicle and you need to lock the doors and put the rifle out of sight.
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Old 11-21-2017, 11:21 AM
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nevermind. edited
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Originally Posted by DevilsAdvocate View Post
In this case Oki has cut to to the exact heart of the matter!
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Old 11-21-2017, 11:36 AM
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Quote:
Originally Posted by MikeBouch View Post
Unrestricted transport by federal only states the unrestricted firearm must be unloaded. If your vehicle is unattended you need to lock your doors with the unrestricted firearm hidden(out of sight).
Federal is enforced by RCMP.
Wildlife act pertains that all unrestricted firearms need to be locked up and or firing mechanism removed and ammunition locked up in a separate compartment.
Wildlife act is enforced by fish and wildlife cops.

So can RCMP give fines under the wildlife act?

Where's the line between wildlife act, provincial laws and federal laws?

Would a trigger lock be O.K? There is no mention that I can find under wildlife act saying it would be.

Anyone versed on this topic let me know if I'm on the right track?

Any help on this topic to clarify would greatly be appreciated.

Thanks
I think you've figured it out already but there are quite a few mistakes in this entire post.

F&W can arrest you for firearms offenses (criminal code) same as RCMP. Both also enforce the Wildlife Act.

There is both criminal and provincial statute that state you cannot have a loaded firearm in a vehicle. Only the Firearms Act (criminal) dictates the state of a firearm in transport.

In Alberta, an unloaded restricted firearm in or on a vehicle is gtg if it is unloaded. As long as your purpose poses no danger to the public.
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Old 11-21-2017, 11:40 AM
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I say it doesn’t know a while ago I guy had truck broken in to and this unlock firearm stolen (rifle) he did nothing wrong and was not fined


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Old 11-21-2017, 11:51 AM
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Quote:
Originally Posted by rem338win View Post
In Alberta, an unloaded restricted firearm in or on a vehicle is gtg if it is unloaded. As long as your purpose poses no danger to the public.
I think you mean "non-restricted"
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Old 11-21-2017, 11:52 AM
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Quote:
Originally Posted by Scott N View Post
I think you mean "non-restricted"
Done in by my Samsung again.

Yes I did.
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Old 11-21-2017, 11:58 AM
MikeBouch MikeBouch is offline
 
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Quote:
Originally Posted by rem338win View Post
I think you've figured it out already but there are quite a few mistakes in this entire post.
Mistakes you say but more of a misunderstanding clearly.
Mistakes are wrong doing while misunderstanding is just not knowing.

Laws are vague at best, if it was so clear then why is this still a topic and ones who ever had to deal with this know what I'm saying.

Its a lot more clear now, thanks to everyone who posted.

I can't seem to find any written record of unrestricted firearm transport through parks?
The albertaparks.ca doesn't show anything on the topic but refer back to hunting reg's.
If anyone finds written info I over looked please point me in the right direction.
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Old 11-21-2017, 12:07 PM
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Quote:
Originally Posted by MikeBouch View Post
Mistakes you say but more of a misunderstanding clearly.
Mistakes are wrong doing while misunderstanding is just not knowing.

Laws are vague at best, if it was so clear then why is this still a topic and ones who ever had to deal with this know what I'm saying.

Its a lot more clear now, thanks to everyone who posted.

I can't seem to find any written record of unrestricted firearm transport through parks?
The albertaparks.ca doesn't show anything on the topic but refer back to hunting reg's.
If anyone finds written info I over looked please point me in the right direction.
Buddy, mistakes and misunderstandings both get people in trouble. And the way it was stated and categorized was either or. Take it as an insult if you like, but it wasn't and i was clarifying.

The laws are clear. You just need to read them.

If you want quick clarification, all of the applicable laws and statutes are searchable on this very same internet.

You asked questions and got answers. You had misconceptions and they were clarified. No one insisted or implied that this makes them think less of you.

As far as your question on parks go to albertaparks.ca and under regulations you will find answers.

Or try the Provincial Parks Regulation under the Queens Printer. That's the actual law.
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Old 11-21-2017, 12:53 PM
MikeBouch MikeBouch is offline
 
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Never take anything as an insult over the internet lol.
never care what anyone thinks regardless.
Thanks for clarifying the mistakes or misunderstandings.

I've been taught and told one thing over the years and a officer is tell me other wise. It would make anyone research it again in question to make sure.

(4) A person who is in possession of a firearm in a provincial park
or recreation area shall ensure that the firearm is unloaded and
(a) in a condition such that the barrel and stock are separated
and taken apart, or
(b) completely enclosed in a case or other covering designed
for that purpose
unless the person is engaged in an activity in which the discharge
of a firearm is allowed under subsection
(1.1).

Doesn't say anything about being locked up but cased or enclosed within a provincial park.
So why would any officer have the right to claim acquisitions of law if there isn't written law to enforce saying to do so.

hopefully this post helps others which in question also.
Thanks to everyone
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Old 11-21-2017, 01:28 PM
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Quote:
Originally Posted by MikeBouch View Post
So why would any officer have the right to claim acquisitions of law if there isn't written law to enforce saying to do so?
Unless they have transferred from different type of unit, most cops that you’ll encounter on the roads are traffic cops. They may know road law but know little else about specifics of most other laws. It doesn’t mean they don’t have access but if it’s not something they deal with routinely, they probably don5 know any better.
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Old 11-21-2017, 02:43 PM
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I have copied the storage transport laws years ago, and a copy is kept in all my vehicles...... just in case I need to educate a LE0 Havent needed it yet, have been checked and no problems.......................... but you never know. I don't flaunt it a a road check, but its always there .. just in case.
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Old 11-23-2017, 10:15 AM
Subaru297 Subaru297 is offline
 
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Thanks for this thread. I have been meaning to research this myself. Found a PDF of the regulations here and will keep a copy on my phone just in case.

http://laws-lois.justice.gc.ca/eng/r...age-2.html#h-8

Cheers
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