Transporting firearm before/after legal light?

[mattthegorby]

Greetings all,

Quick question... just read through the general regs and see no mention of regulations pertaining to transporting my rifle or bow through the woods outside of hunting hours. In practice, I just unload it - often strap it to my pack if I have to walk any distance.

My brother in law is from Ontario and they have to case the firearm in a sock or something outside of hunting times.

Am I correct that in Alberta there is no written requirement for this?

Matt

[FishOutOfWater]

Originally Posted by mattthegorby

Am I correct that in Alberta there is no written requirement for this?

Matt

Correct. The firearm must be unloaded for transport, that's all...

[Dean2]

Originally Posted by FishOutOfWater

Correct. The firearm must be unloaded for transport, that's all...

Only if transporting it on or in a vehicle. Transport on foot you can technically carry it loaded if you want to. Would only make sense in Bear country but it is your choice.

[DiabeticKripple]

i carry it loaded at all times, only unload for the truck.

[Big Grey Wolf]

What good is an unloaded firearm in the bush, day or night. I had grizz wanting to eat me at 10pm one night while elk hunting walking back to camp.Not sure if I bopped him across the head with the stock that he would have got the message!

[brendan's dad]

Firearms Act

Handling of Firearms

15. An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.

It is illegal to have a firearm loaded anywhere in the province of Alberta a 1/2 hour before sunrise or past sunset other than at an indoor shooting range.

[mattthegorby]

Originally Posted by brendan's dad

Firearms Act

Handling of Firearms

15. An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.

It is illegal to have a firearm loaded anywhere in the province of Alberta a 1/2 hour before sunrise or past sunset other than at an indoor shooting range.

Thanks for posting that!

That is my practice, but still good food for thought.

[obsessed1]

Illegal or not when in the bush ( especially bear country) my gun is loaded. Any season, any time of day. If a gun is along it's loaded. Otherwise it's a completely useless hunk of metal and wood.

[mattthegorby]

Thanks all who responded!

[Skybuster]

I can find the reference to only loading in an area where it is legal to shoot the gun, but I don't see any reference to the sunrise/sunset comment. I know that applies to shooting at animals, but that is to discharge the gun, it does not apply to loading or having a loaded firearm.

Can you tell me where your reference came from?

[elkhunter11]

Originally Posted by Skybuster

I can find the reference to only loading in an area where it is legal to shoot the gun, but I don't see any reference to the sunrise/sunset comment. I know that applies to shooting at animals, but that is to discharge the gun, it does not apply to loading or having a loaded firearm.

Can you tell me where your reference came from?

The Wildlife Act specifies the hours when a firearm can be discharged in Alberta, and the Wildlife Act doesn't just apply when shooting animals. The Firearms Act specifies that a firearm can only be loaded in a place where it is legal to discharge the firearm,and you can only handle a loaded firearm in a place where it can be legally discharged, but you are correct in that it specifies location, and doesn't specify hours. If you accept that the Firearms Act legislation posted about handling loaded firearms also limits the time to legal hours when a firearm can be discharged, you can set your loaded firearm down during legal hours, but you can't legally touch it to unload it, after legal hours. So if you leave it loaded as you dress an animal, and you don't finish before the legal time expires, you have to leave that firearm right there loaded, until legal hours resume the next day. Of course you can't legally just leave a loaded firearm sitting in the woods unattended, so you would have to stay there with the firearm until the next day. It doesn't make much sense, does it?

[silver lab]

It can be argued that you can legally shoot a bear that is going to attack you after legal shooting hours...I have found fish and wildlife waiting at my truck upon returning long after legal shooting light, we had a nice conversation while I unloaded my rifle.

[elkhunter11]

Originally Posted by silver lab

It can be argued that you can legally shoot a bear that is going to attack you after legal shooting hours...I have found fish and wildlife waiting at my truck upon returning long after legal shooting light, we had a nice conversation while I unloaded my rifle.

It wasn't that many years ago, that a man illegally carrying a restricted handgun while in the wilderness, used it to fend off a bear that attacked him, and he was not prosecuted. He was obviously guilty of possessing a loaded handgun , where it was not legal for him to discharge that handgun, yet no charges resulted.

[silver lab]

Originally Posted by elkhunter11

It wasn't that many years ago, that a man illegally carrying a restricted handgun while in the wilderness, used it to fend off a bear that attacked him, and he was not prosecuted. He was obviously guilty of possessing a loaded handgun , where it was not legal for him to discharge that handgun, yet no charges resulted.

Sometimes our judicial system just makes sense...... Sometimes.

[elkhunter11]

Originally Posted by silver lab

Sometimes our judicial system just makes sense...... Sometimes.

If they had prosecuted the guy, it would have looked bad to prosecute him for illegally having a firearm that may have saved his life. It would have shown how stupid our firearms laws are, and there would have been a public outcry to change the law. He was obviously guilty, the authorities just didn't want to deal with the response that charging him would have caused.

[bdub]

Originally Posted by mattthegorby

Greetings all,

Quick question... just read through the general regs and see no mention of regulations pertaining to transporting my rifle or bow through the woods outside of hunting hours. In practice, I just unload it - often strap it to my pack if I have to walk any distance.

My brother in law is from Ontario and they have to case the firearm in a sock or something outside of hunting times.

Am I correct that in Alberta there is no written requirement for this?

Matt

There are certain areas where you do have to have it encased when travelling, either on foot or in a vehicle. Like travelling through a provincial park to hunt outside of the park it has to be both encased/unloaded.

Sometimes a little common sense and disregard for the law is required. Grizzlies don’t care much if its after legal light or not when they are coming in to the smell of a meal.

[brendan's dad]

Originally Posted by elkhunter11

The Wildlife Act specifies the hours when a firearm can be discharged in Alberta, and the Wildlife Act doesn't just apply when shooting animals. The Firearms Act specifies that a firearm can only be loaded in a place where it is legal to discharge the firearm,and you can only handle a loaded firearm in a place where it can be legally discharged, but you are correct in that it specifies location, and doesn't specify hours. If you accept that the Firearms Act legislation posted about handling loaded firearms also limits the time to legal hours when a firearm can be discharged, you can set your loaded firearm down during legal hours, but you can't legally touch it to unload it, after legal hours. So if you leave it loaded as you dress an animal, and you don't finish before the legal time expires, you have to leave that firearm right there loaded, until legal hours resume the next day. Of course you can't legally just leave a loaded firearm sitting in the woods unattended, so you would have to stay there with the firearm until the next day. It doesn't make much sense, does it?

What you are saying doesn't make sense. If I lay my rifle beside me while hunting, I am still in possession of that rifle and "handling it" regardless whether I am physically touching it or not. Don't confuse the issue.

I firearm can not be legally discharged between a 1/2 hour before sunrise and a 1/2 hour after sunset. Since I can not discharge between these these hours it would be contravening the firearms act if my rifle is loaded (whether I did it before the restricted time started or during the restricted time).

And if you are walking out of the bush with an unloaded rifle and encounter a bear, and then load the rifle to defend your life from bear, that is a completely different situation. No different than a home owner loading his handgun inside his residence to defend himself against an intruder that is threatening the home owners life.

[walking buffalo]

Originally Posted by brendan's dad

Firearms Act

Handling of Firearms

15. An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.

It is illegal to have a firearm loaded anywhere in the province of Alberta a 1/2 hour before sunrise or past sunset other than at an indoor shooting range.

Originally Posted by brendan's dad

What you are saying doesn't make sense. If I lay my rifle beside me while hunting, I am still in possession of that rifle and "handling it" regardless whether I am physically touching it or not. Don't confuse the issue.

I firearm can not be legally discharged between a 1/2 hour before sunrise and a 1/2 hour after sunset. Since I can not discharge between these these hours it would be contravening the firearms act if my rifle is loaded (whether I did it before the restricted time started or during the restricted time).

And if you are walking out of the bush with an unloaded rifle and encounter a bear, and then load the rifle to defend your life from bear, that is a completely different situation. No different than a home owner loading his handgun inside his residence to defend himself against an intruder that is threatening the home owners life.

Your extrapolation is off the charts.

The Federal firearm act does NOT describe limitations on When a firearm may be loaded.

The Alberta Wildlife act does NOT say that a firearm may not be Loaded outside of legal shooting hours.

[artie]

so then you are saying I cannot go target shooting a 1/2 hour before sunrise or a 1/2 hour after. That seems crazy to me.

[obsessed1]

[QUOTE=brendan's dad

And if you are walking out of the bush with an unloaded rifle and encounter a bear, and then load the rifle to defend your life from bear, that is a completely different situation. No different than a home owner loading his handgun inside his residence to defend himself against an intruder that is threatening the home owners life.[/QUOTE]


Yup you just have to politely ask the bear to hold on a minute while you load.
My life comes before any stupid law. If I'm packing the extra weight of a gun because I have reasonable believe that I might need it, it's loaded and on my person or within hand reach. Any time of day or night

[elkhunter11]

Originally Posted by brendan's dad

What you are saying doesn't make sense. If I lay my rifle beside me while hunting, I am still in possession of that rifle and "handling it" regardless whether I am physically touching it or not. Don't confuse the issue.

I firearm can not be legally discharged between a 1/2 hour before sunrise and a 1/2 hour after sunset. Since I can not discharge between these these hours it would be contravening the firearms act if my rifle is loaded (whether I did it before the restricted time started or during the restricted time).

And if you are walking out of the bush with an unloaded rifle and encounter a bear, and then load the rifle to defend your life from bear, that is a completely different situation. No different than a home owner loading his handgun inside his residence to defend himself against an intruder that is threatening the home owners life.

Every definition I can find of handling an object refers to actually having physical contact with that object, in order to hold, carry or control it. If that firearm is sitting against a tree four feet from me as I clean an animal in the field, am I "handling" that firearm? As to my previous post if I am cleaning a game animal n the field, in an area frequented by bears, I will have a loaded firearm handy until I am done, I m not going to stop what I am doing to unload my firearm, just because the legal hours have expired for the day. As for walking out of the woods in the dark and encountering a bear, if the bear was aggressive and decided to attack, by the time you loaded a firearm in the dark, it would likely be too late to use that firearm to stop the charge. As I posted earlier, an individual purposely carried a restricted handgun with him in the woods, and used it during a bear attack, and he was not charged, despite the fact that he was obviously guilty of committing a crime, just by having that handgun with him. Many of our firearms laws do not make sense, but yet they haven't been changed, and they likely never will, because the authorities simply choose to apply or not apply our laws , to avoid making changes that make sense.

[elkhunter11]

Originally Posted by artie

so then you are saying I cannot go target shooting a 1/2 hour before sunrise or a 1/2 hour after. That seems crazy to me.

Unless you are going to shoot at a range approved for use after the legal hours, the Wildlife Act prohibits the discharge of firearms, and that includes target shooting.

[brendan's dad]

Originally Posted by walking buffalo

Your extrapolation is off the charts. Thanks!

The Federal firearm act does NOT describe limitations on When a firearm may be loaded. WRONG

Firearms Act

Handling of Firearms

15. An individual may load a firearm or handle a loaded firearm only in a place where the firearm may be discharged in accordance with all applicable Acts of Parliament and of the legislature of a province, regulations made under such Acts, and municipal by-laws.


The Alberta Wildlife act does NOT say that a firearm may not be Loaded outside of legal shooting hours.

RIGHT

Wildlife Act

Discharge of firearm at night

53. Except at a lawfully established and operated shooting range, a
person shall not discharge a firearm during the period referred to in
section 28.

Hunting at night

28. A person shall not hunt wildlife, except by trapping, during
the period commencing at 1/2 hour after sunset and ending at 1/2
hour before sunrise the following day.
1

Since the Wildlife Act prohibits the discharge of a firearm in the Province of Alberta (other than an indoor range) during the prescribe time, the Firearm Act makes it illegal to also load your firearm during this prescribed time.

Do you know why you can't walk down Jasper Avenue with a loaded rifle?

It is because the Edmonton municipal bylaw prohibits the discharge of a firearm within city limits. That is why if a golf course wants to use a firearm for animal control they need to get written authorization from the bylaw office.

The rule apply's the same......

If any legislated rule prevents the discharge then the Firearm Act prohibits you from loading.

[elkhunter11]

Originally Posted by brendan's dad

RIGHT

Wildlife Act

Discharge of firearm at night

53. Except at a lawfully established and operated shooting range, a
person shall not discharge a firearm during the period referred to in
section 28.

Hunting at night

28. A person shall not hunt wildlife, except by trapping, during
the period commencing at 1/2 hour after sunset and ending at 1/2
hour before sunrise the following day.
1

Since the Wildlife Act prohibits the discharge of a firearm in the Province of Alberta (other than an indoor range) during the prescribe time, the Firearm Act makes it illegal to also load your firearm during this prescribed time.

Do you know why you can't walk down Jasper Avenue with a loaded rifle?

It is because the Edmonton municipal bylaw prohibits the discharge of a firearm within city limits. That is why if a golf course wants to use a firearm for animal control they need to get written authorization from the bylaw office.

The rule apply's the same......

If any legislated rule prevents the discharge then the Firearm Act prohibits you from loading.

You keep adding the word "indoor" to section 53 of the Wildlife Act, but the fact is that "indoor" does not appear in that regulation.

[pikeslayer22]

I love this forum! Ask a simple question and....^^^^

[elkhunter11]

Originally Posted by pikeslayer22

I love this forum! Ask a simple question and....^^^^

And nobody has even asked if this applies to a treaty individual.

[brendan's dad]

Originally Posted by elkhunter11

You keep adding the word "indoor" to section 53 of the Wildlife Act, but the fact is that "indoor" does not appear in that regulation.

Because no outdoor CFO approved range is authorized to operate outside of legal shooting hours (and many self impose even stricter hours on late summer nights)

So go back to Sec. 53

Except at a lawfully established and operated shooting range......

To be lawfully operated the range must adhere to the CFO rules. The CFO does authorize the use of an indoor range without limiting the use to legal shooting hours.

And I added "indoor " to the explanation, not the wording of section 53

[brendan's dad]

Originally Posted by elkhunter11

And nobody has even asked if this applies to a treaty individual.

Actually this series of rules is what makes hunting at night for treaty status persons illegal in the province of Alberta. Saskatchewan does not prohibit discharge at night the same as Alberta, so night hunting is allowed.

[Trochu]

Originally Posted by elkhunter11

Every definition I can find of handling an object refers to actually having physical contact with that object, in order to hold, carry or control it. If that firearm is sitting against a tree four feet from me as I clean an animal in the field, am I "handling" that firearm?

You aren't "handling" it, but of course it's in your possession and control. If in possession of something illegal, I can't simply drop it when the police show up and have anyone buy the defense that it's not in my possession, if you set your rifle down while hunting to cross a fence, I can't simply walk up and take it, saying I found a discarded, abandon firearm in the woods, etc. The rules seem pretty clear.

[elkhunter11]

Originally Posted by Trochu

You aren't "handling" it, but of course it's in your possession and control. If in possession of something illegal, I can't simply drop it when the police show up and have anyone buy the defense that it's not in my possession, if you set your rifle down while hunting to cross a fence, I can't simply walk up and take it, saying I found a discarded, abandon firearm in the woods, etc. The rules seem pretty clear.

But this regulation specifies" handling" not possession. Some ranges prohibit the "handling" of firearms while anyone is down range during a cease fire, but you can stand close to the firearm,still in possession of that firearm.