Loaded gun on a vehicle

[Gear guy]

Still wondering what the consequences are for shooting out of a truck? Do you loose your PAL? What kind of fine is it? Do you loose a hunting license? I have never heard of anyone getting in trouble from it before. Maybe hard to catch someone or is it not a charge that is worth it fish cops?
Sorry for all the questions but don't know much about it

[dxh]

Careless storage or handling – the maximum penalty is between six months plus a $5,000 fine to two years, depending on whether or not it is a summary or indictable offence. The maximum penalty for subsequent offences is 5 years.

[Gear guy]

It's not a charge under the criminal code so I am not sure how a penalty of jail time would be imposed. Guys get caught all the time shooting from vehicles so i'm not seeing jail time being done. Can see it now.....guy in cell asks what his roomate is in for....... farmer says I'm in for shooting gophers from my truck.....

[brendan's dad]

Originally Posted by Gear guy

It's not a charge under the criminal code so I am not sure how a penalty of jail time would be imposed. Guys get caught all the time shooting from vehicles so i'm not seeing jail time being done. Can see it now.....guy in cell asks what his roomate is in for....... farmer says I'm in for shooting gophers from my truck.....

It is a charge under the criminal code. 86(2) criminal code makes it an offence to contravene a regulation in the firearms act. Having a loaded firearm in or on a vehicle is contrary to transport regulation. Even if you are parked and the vehicle is off, it is still being transported.

There are some differences in relation to the Criminal Code vs the Firearms Act and the wildlife act.

Example is a bicycle is not considered a vehicle under the CC or the Firearms Act but is considered a vehicle under the wildlife act. So no charge under 86(2) for having a loaded firearm on a bicycle but if you discharge a firearm from a bicycle you could be charged under the wild life act.

[Prairiewolf]

Glad I stumbled upon this thread. I've got three rifles that require zero'ing soon and I bandied the idea of just using my rest on my open tailgate. I like to think I abide the law but I think I should try harder.

I see this all the time but as someone has stated, seeing alot of illegal activity doesn't make it legal.

[elkhunter11]

I know of several people that were charged under the Wildlife Act, for having a loaded firearm in vehicle, but I have never heard of a single person being charged under the criminal code for a loaded firearm in a motor vehicle. If it was common to charge people under the criminal code, there would be no point having the regulation in the Wildlife Act .

[Faststeel]

Originally Posted by bobtodrick

To me, considering how hazardous it is, why not just haul your butt out of the vehicle? Target practice...I can’t think of a more inaccurate way to ‘target’ practice...IMHO.

Engine off shooting off the mirror, super accurate.....IMHO

[Don_Parsons]

Four different permits, issued under the Permit Regulation are available to disabled hunters, should they meet the criteria:

Discharge a firearm from a motor vehicle
This is intended for those persons who are unable to safely exit a motor vehicle to shoot (e.g., paraplegics)

Use a motor vehicle to hunt in areas closed to motor vehicles
This is primarily intended for those persons who are unable to walk very far without mobility assistance (e.g., cane, walker, crutches, wheelchair, or prosthetics)

Be assisted by having one or more hunting companions, to track, kill and retrieve big game wounded by the disabled person (open or closed area)
This is primarily intended for those persons who are unable to walk very far without mobility assistance (e.g., cane, walker, crutches, wheelchair, or prosthetics)

Be assisted by having one or more designated (proxy) hunting companions, to hunt and kill big game on behalf of the disabled person
This is intended for those persons who are completely unable to discharge a firearm or crossbow due to their physical disability (e.g., quadriplegics, double arm amputee)

Don't get this confused with the other 7 allowance for trained staff / personal that """have or can gain access""" to not only carrying loaded firearms in vehicles,,, but can also discharge from stationary or non stationary motor vehicles... Law enforcement and Military are 2 of the 7...

Another allowance that has been tested in BC is the material between the firearm and motor vehicle,,, boots on the ground and a jacket seem to be enough in one court case...

The judge ruled that at no time did the firearm make contact with the vehicle,,, one would think that if you lean a loaded firearm on a vehicle with your glove to separate both of them you'ld be good to go...

The catch 22 applies to everything and anything so long as you have your ducks in a row as well as a wize lawer... Ha...

And no,,, no need for me to challange the system since I land cannon my units off the bypods or using my arm and sling...

One might be suprized what can be found in the law books of Canada,,, that's not saying that we are exemption from getting the permits that allows us to use these catches and claws... LOL...

I like Claws...

👍

[West O'5]

Originally Posted by bobtodrick

To me, considering how hazardous it is, why not just haul your butt out of the vehicle? Target practice...I can’t think of a more inaccurate way to ‘target’ practice...IMHO.

How is lying in a nice dry and level comfortable truck bed using sand bags to sight in my rifle any more hazardous or less accurate then lying on cold and soggy,lumpy ground?
Done it many times....legal schmegal pffft.🙄

[calgarychef]

Where do y’all suppose I could call to talk to a LEO about the question ...who do I talk to for a definitive answer?

[elkhunter11]

Originally Posted by calgarychef

Where do y’all suppose I could call to talk to a LEO about the question ...who do I talk to for a definitive answer?

The obvious solution would be to talk to the officers that enforce these regulations.

[Dick284]

Originally Posted by calgarychef

Where do y’all suppose I could call to talk to a LEO about the question ...who do I talk to for a definitive answer?

And here in lies the problem.
The cops enforce the laws.
Judges interpret the laws.
If you do talk to a cop, try and get his response in writing, which you won’t ever get, BTW.

You are better off spending your efforts into not straddling the lines of legality. Or if you are hell bent on getting an answer, hiring a Lawyer to go look up laws statutes and rulings, and see what he figures, but again a judge will decide the final outcome.

[thumper]

Originally Posted by Gear guy

Still wondering what the consequences are for shooting out of a truck? Do you loose your PAL? What kind of fine is it? Do you loose a hunting license? I have never heard of anyone getting in trouble from it before. Maybe hard to catch someone or is it not a charge that is worth it fish cops?
Sorry for all the questions but don't know much about it

I was snowshoe hare hunting once, in January, just my dog and I, deep snow and cold. We took at lunch break, sitting in the shelter of my Suzuki's open rear hatch. I had placed my loaded, single shot .22 in the rear of the vehicle beside me to keep it out of the snow. We intended to resume hunting after lunch. Two F&W officers came by, asked to inspect my .22 and proceeded to write me a ticket for having a loaded firearm on/on the vehicle. We had a discussion about it; me of the opinion that everyone present knew the law was to prevent people from shooting out of a vehicle, and that was obviously not my intention, and that Law Enforcement Officers are given the power of discretion
for such situations. He continued to write the ticket, so I mentioned that he should ensure that he chose a court date where he was available to appear, as I would welcome the opportunity to point out to the local judge how silly enforcing this law would be, in my, specific situation. He paused, wrote 'WARNING' across the ticket. I thanked him, and told him I wouldn't do it again - and I haven't.

[elkhunter11]

Originally Posted by thumper

I was snowshoe hare hunting once, in January, just my dog and I, deep snow and cold. We took at lunch break, sitting in the shelter of my Suzuki's open rear hatch. I had placed my loaded, single shot .22 in the rear of the vehicle beside me to keep it out of the snow. We intended to resume hunting after lunch. Two F&W officers came by, asked to inspect my .22 and proceeded to write me a ticket for having a loaded firearm on/on the vehicle. We had a discussion about it; me of the opinion that everyone present knew the law was to prevent people from shooting out of a vehicle, and that was obviously not my intention, and that Law Enforcement Officers are given the power of discretion
for such situations. He continued to write the ticket, so I mentioned that he should ensure that he chose a court date where he was available to appear, as I would welcome the opportunity to point out to the local judge how silly enforcing this law would be, in my, specific situation. He paused, wrote 'WARNING' across the ticket. I thanked him, and told him I wouldn't do it again - and I haven't.

And if he had written an actual ticket, the judge could have convicted you, because technically, you were guilty.

[West O'5]

Originally Posted by elkhunter11

And if he had written an actual ticket, the judge could have convicted you, because technically, you were guilty.

I’ve heard tell of overzealous F&W charging guys with leaning a loaded gun against their truck tire while taking a break.
Truth or urban(rural?) legend I can’t say for sure,only that I’ve heard that they can and have....which imho is absolutely ridiculous and not in keeping with the spirit in which the law was intended.

[elkhunter11]

Originally Posted by West O'5

I’ve heard tell of overzealous F&W charging guys with leaning a loaded gun against their truck tire while taking a break.
Truth or urban(rural?) legend I can’t say for sure,only that I’ve heard that they can and have....which imho is absolutely ridiculous and not in keeping with the spirit in which the law was intended.

When I am preparing to head out hunting, or when I return, and am putting gear away, I often lay my firearm on the box cover of my truck. When I do, I am 100% sure that it isn't loaded, no point in putting myself in a situation where I might be issued a ticket. With some officers, it has nothing to do with the spirit of the law, if you are technically guilty, they will issue a ticket.

[wolf308]

Don't get caught

[crazy_davey]

Originally Posted by West O'5

I’ve heard tell of overzealous F&W charging guys with leaning a loaded gun against their truck tire while taking a break.
Truth or urban(rural?) legend I can’t say for sure,only that I’ve heard that they can and have....which imho is absolutely ridiculous and not in keeping with the spirit in which the law was intended.

Truth. I know two people who have revived a ticket for what you say above. I agree, ridiculous in most cases. But it does happen. The law is the law and if caught, most of the times a ticket will be issued.

[WeaselBeard]

Originally Posted by huntinstuff

The government makes laws

The public is expected to know them

That’s where the phrase “Ignorance of the law is no excuse “ came from

Kinda like the Charter of Rights. Most people have no idea. Because they are busy working and taking care of others and living life.

But those laws are still there regardless

Even those laws that are made may contravene the Charter of Rights, but they are still laws and until someone challenges those laws they remain 'unchallenged'. The Charter of Rights trumps them all. Sadly there are politicians who do not even know the Charter of Rights when they propose/pass laws.

[JDK71]

there is still a lot of old farmers that shoot gofers from there trucks on there own PP every year they just do not tell everyone

[calgarychef]

Originally Posted by JDK71

there is still a lot of old farmers that shoot gofers from there trucks on there own PP every year they just do not tell everyone

An you can murder someone and not tell anyone..it’s still illegal.
Got any other kernels of wisdom?

[ctd]

http://www.bclaws.ca/civix/document/...atreg/96145_01

BC has a specific act prohibiting shooting from a vehicle.


Heres Alberta's version
Use of vehicles, boats and aircraft

33(1) A person shall not

(a) hunt wildlife from or with an aircraft,

(b) use a vehicle, aircraft or boat with intent to harass, injure or kill wildlife,

(c) discharge a weapon from a vehicle, aircraft or boat, other than a boat that is propelled by muscular power or anchored, or

(d) have a loaded firearm on or in a vehicle, aircraft or boat, other than a boat so propelled or anchored.

(2) Subsection (1) does not apply to an activity that is specifically authorized by or under a licence authorizing the control of wildlife depredation or the collection of wildlife.

(3) For the purposes of subsection (1)(d), the following firearms are loaded if

(a) in the case of a rifle, shotgun or similar firearm, there is a live shell or cartridge in

(i) the breech or chamber, or

(ii) a magazine that is attached to or inserted into the firearm,

(b) in the case of a muzzle‑loading firearm operated by a flintlock, the pan contains powder, or

(c) in the case of a muzzle‑loading firearm using percussion caps, a percussion cap is in place on the nipple.

[CptnBlues63]

Originally Posted by ram crazy

I’d go out on a limb here and say everyone on this forum has done something illegal at one point!

[Chunk Impression]

Ok, I confess.................

I go 9 km's over the speed limit on the highway all the time!

I stole a roll of Lifesavers when I was 8 years old

I drank underage

I smoked pot before it was legal..............


On a serious note........wayyyyy back in the 70's a friend and I were out shooting gophers in central SK where I grew up (aged to legal maturity actually, I'm hanging on to the 12 yr old.......just ask my wife.........LOL) We had brought a couple lawn chairs (yep, the type that bite) and were sitting on them in the back of the half ton while shooting gophers.

An RCMP car driving by on the grid stopped and the officer waved us over to the fence so we jumped out and walked over. He was pleasant and polite and informed us that shooting out of a vehicle was illegal. We were surprised. "Really?" we said, "Even if it's just gophers?"

"Yup", he replied, "And, if I so decided, it could get real serious. I could take your guns, your vehicle and arrest and charge you" We were blown away. We asked him if he'd be willing to just drive away and leave us alone if we promised never to do anything stupid like that again. He said he would and left.

My friend and I weren't convinced it was really illegal to do that while out shooting gophers. I mean, gophers right! Not deer! As luck would have it, when we got back to my friend's house, his dad and his dad's very good friend (our neighbor the RCMP officer) were standing out front chatting. Mike was on duty that day and had pulled up to discuss something with my friends dad. He told us flat out it was most definitely illegal and we were lucky his fellow officer decided to give us a pass on what we were doing.

My friends dad administered a stinging swat to the back of both our heads and told us to grow a brain and that was the end of that. It was also the last time we ever shot gophers out of the back of the truck.

[JDK71]

Originally Posted by calgarychef

An you can murder someone and not tell anyone..it’s still illegal.
Got any other kernels of wisdom?

no but I am sure you do !

[JDK71]

just a question for ya Chef how did you get your PAL and not know the answer to your own question . Not looking for a smart reply just asking a question

[elkhunter11]

Originally Posted by JDK71

just a question for ya Chef how did you get your PAL and not know the answer to your own question . Not looking for a smart reply just asking a question

Many people with a PAL don't know the regulations. Many courses are poorly taught, and many people challenged the test in the past. The bottom line, is that most people just want their PAL, they don't really care if they learn anything.

[JDK71]

Originally Posted by elkhunter11

Many people with a PAL don't know the regulations. Many courses are poorly taught, and many people challenged the test in the past. The bottom line, is that most people just want their PAL, they don't really care if they learn anything.

thanks

[32-40win]

I see some people rigging up trailers with shooting benches, which begs the question, does it have to be unhitched when shooting from it? I am suspecting the answer might be it does.
I don't remember which licence I took the course for, was it for FAC or PAL? I'm thinking the FAC auto graduated to a POL and the PAL was the one for the course. That, was a long time ago though.