Stewart Lake CO,s and tickets

[Drillbit]

I write to clarify the opinion provided on September 10, 2009, regarding the use of a motor vehicle as a rest for the discharge of a firearm.

After further discussions with the COS and legal counsel the interpretation provided previously may not have been completely accurate. An individual is probably not breaking the law if they lean against a vehicle to steady their shot, provided both feet are on the ground. There is a possibility that the term “in or on” applies to the person and not the firearm.

However, this is not a recommended practice as there is a limited field of vision in an area where there is a high likelihood of other people being present. This activity comprises only a portion of a hunt, and as with every situation, the actions of a Conservation Officer would reflect specific circumstances

Regards,

Stephen MacIver
Fish and Wildlife Branch
Ministry of Environment
(250) 387-9767

Probably.....eh....

#1
Dang.
Only have one foot.
I guess I should apply for a permit to shoot out the window then.....

#2
Dang
"There is a possibility that the term “in or on” applies to the person and not the firearm."
If so, why can't the firearm be against and not in or on a vehicle legally?

Very contradictory


Just so BCers know, and also Canadians that live outside of the lower mainland. There's other places in Canada where you can legally drive around with a loaded mag and nothing chambered. And you can even lean them against a vehicle legally.

[Big Lew]

I agree with not leaning a loaded firearm against a vehicle.
As was mentioned, it can be bumped or forgotten and if the safety was accidently left off,
very bad things could happen. A fellow I knew that owned a small concrete pump company
leaned his shotgun against either a fence post, or the wires, and as he crawled through
those wires, the gun slipped and went off, killing him. He had accidently left the safety off.

[Jack Russell]

I agree with not leaning a loaded firearm against a vehicle.
As was mentioned, it can be bumped or forgotten and if the safety was accidently left off,
very bad things could happen. A fellow I knew that owned a small concrete pump company
leaned his shotgun against either a fence post, or the wires, and as he crawled through
those wires, the gun slipped and went off, killing him. He had accidently left the safety off.

This unfortunate incident had less to do with leaning a firearm against a fence (or tire, or bumper), and more to do with poor firearm handling practices.

The ticket for leaning the gun against the quad tire is hard to swallow. Don't expect officer discretion anymore. Its not in the new world order.

[northernbc]

Many good points here for both sides. I personally do not like it A warning would have been better. I believe if I remember correctly the fine was between 3+4 hundred. The fellow is also a bear attack survivor as a younger man

[Steve W]

I posted this on another outdoor forum and it may be applicable here.
.
"As someone from the other side of these encounters I can say that my stats showed me for years that about 10% of people break the law and about 1% need to be treated like the jerks they are. Most of them manage to talk them selves into a ticket without much effort and the cost just keeps going up the longer they talk.

As for a CO I observed there’s a bit of a general progression in ones career:

0 -2 years experience. Full of wonder and awe at the job. Ask lots of questions and may not have a lot of confidence and easy to push around.

2-5 years of experience. Walk on water, know all the answers and think that most everyone is a bad guy an it’s their job to find them and drop as much paper on them as possible. Spend a lot of time in court dealing with angry “clients”. Little knowledge is dangerous phase. Drive their Sgts. nuts!

5-10 year experience. Have been through the wringer and lectured by Sgts, Crown Counsel and Judges enough to start figuring out how the system works and how to get the best juice for the squeeze. Starting to see that there are more good people around than bad and become a valuable part of their community.

10-25 years. Experience and time have rounded off all the rough edges. Know the system well enough to get the job done and give people a break when they deserve it. Hand out more warnings than tickets and can find the 10% relatively easily. 1%ers get easier to deal with because they know that you can always add another $250 if they just won’t shut up.

25+ years. These guys are the most dangerous to the 1%. Can pick out a 1%er in a heartbeat. Don’t give a flying %&$# about you chicken*&^% attitude. Know how far they can go and what they can say without having to deal with the internal discipline system. Know what Crown and the Judges want to convict a 1%er without too much fuss. This was the favorite time of my career!"

[Mauser98]

How much was the ticket?

.

If if he was ticketed under section 9 of BC’s Firarm Act, the amount is $230.00($200+$30 victim surcharge).

[guest]

Good insight from Steve W, their only doing their jobs. It's one of those carreers I wish I had, I personally wish there were WAY more if them out there.

[Gateholio]

Just so BCers know, and also Canadians that live outside of the lower mainland. There's other places in Canada where you can legally drive around with a loaded mag and nothing chambered. And you can even lean them against a vehicle legally.

Not according to federal firearms law. It may be common pratice but it's illegal.

[Ferenc]

Many good points here for both sides. I personally do not like it A warning would have been better. I believe if I remember correctly the fine was between 3+4 hundred. The fellow is also a bear attack survivor as a younger man

Sounds like the work of Brinskie... yes a warning would have been fair... maybe more effort should be placed on the illegal harvest of bull moose during the rut closure than a firearm resting on a tire.

[Bernie O]

Just got back from a succesfull moose hunt. Very happy. Now to the subject at hand, Unless you are in very dangerous bear country, Why would your gun be loaded unless it's in your hand? I know this is not a popular thought but it is safety we are concrned with