hunting law

[gary mok]

just wondering if my friend who has no hunting license,can he goes with me for hunting,cause I don't want to go alone and need some back up,in case I get accident someone can get help for me,somebody said is ok but some said it's against the law by doing this way or it depends on bird game or big game ,another way is just take him as hiker on the mountain,anyone can solve my doubt, thanks!!!!

[Jagermeister]

Your friend can certainly accompany you without restriction provided his is unarmed, that means firearm or bow. It is well within his rights to carry a hunting knife. This example does not amount to very much backup. A Person is allowed to carry a firearm into the back country for self protection purposes providing he has the proper credientials, that would be a PAL licence (Possession and Acquisition Licence). However, I think that if a CO came upon you two, the one without the licence is going to get a ticket for hunting without a Licence and it will have to be argued in court upon the merit of the case.
It would be perfectly acceptable were this to occur in the off season, the CO checks to see if the person has a PAL, and if produced, you on your way. In BC, a current PAL has replaced the previously required Permit to Carry. I hope this has clarified your question.

[Fred]

This is an iffy thing. It would depend on your attitude and answers and the CO's attitude. Your friend has every right to defend himself. If I am out prospecting I carry a 12ga pump in cyl bore and a mix of slugs and buck, 7 rounds in total. As this is not a hunting shotgun it is fairly obvious that I am not hunting. Thus far though I have not had to defend myself from a CO, only a bear and he had the good sense to back off! Fred

[Gateholio]

Lets cut to the chase...

It is 100a% LEGAL in BC for your buddy to accompany you wiht a gun, if he feels like it.

It's 100% legal for him to wander aimlessly in the bush with a gun if he has a PAL, and the gun is registered.

It's 100% legal for him to NOT have a PAL, and for him eot BORROW your gun, as long as it is withini your eyesight.

It's 100%A legal for him to posess a Hunting Liscence, but n o PAL...

SO...I fyour buddy wants to come wiht you, and pack iron, it's legal. He cannot hunt without a HL and h cannot be out of eyesight without a PAL.

[tmarschall]

I think what Jagermeister said applies to my case. Being a foreigner, it is not legal for me to carry a firearm anywhere in BC, unless I get registered when I come across the border. CO's have come into camp to check everyone, nothing has ever been said about my presence. But my buddy did confirm with the CO before my arrival about the situation. It would be wise to do the same and then record the name, date, time, location and substance of the conversation just in case you run across that one CO who is having a bad day. Gatehouse prolly has the correct interpretation of the law for residents, some insurance that the CO has the same interpretation could save some heartaches later.... Tom

[Schmaus]

Gatehouse is right on the money. My only addition and this may be kind of iffy is.....
you can get a hunting license without a pal or a pol and your not suppose to be able to hunt without being able to see someone that has a pal or pol but here is my argument. On page 3 of the british columbia hunting license it says "By signing in the space below you are certifying that you are a resident of British Columbia as defined under the wildlife act" and then directly below that it says "validation entitles the holder to hunt wildlife and carry a firearm under the wildlife act". Now I don't know exactly what that means but you don't need anything but a hunter number to buy the license or tags.

Schmaus

[guntech]

Lets cut to the chase...

It is 100a% LEGAL in BC for your buddy to accompany you wiht a gun, if he feels like it.

It's 100% legal for him to wander aimlessly in the bush with a gun if he has a PAL, and the gun is registered.

It's 100% legal for him to NOT have a PAL, and for him eot BORROW your gun, as long as it is withini your eyesight.

It's 100%A legal for him to posess a Hunting Liscence, but n o PAL...

SO...I fyour buddy wants to come wiht you, and pack iron, it's legal. He cannot hunt without a HL and h cannot be out of eyesight without a PAL.

Lets not forget a valid POL. You can borrow, use and/or possess firearms with a POL not just a PAL. The POL just does not allow you to transfer ownership to the POL holder.

[steel_ram]

I could see if one was carrying a firearm and only just accompanying a person who is "hunting", it could be perceived that one is also in pursuit of game and therefore hunting. Even if your not.

[Thunderstix]

If you are carrying a rifle without a hunting license or PAL/POL during hunting season you are going to be in trouble, and rightly so! Anytime you see 2 people with rifles in the bush during hunting season the assumption is that they are both hunting. Every one of us here would make that assumption so why wouldn't the CO. I sure as heck would have hard time believing the the person was not hunting. Tie goes to the CO on that one!

[Thunderstix]

Check out the definition of hunting in the regs:


Hunt and Hunting - includes shooting
at, attracting, searching for, chasing, pursuing,
following after or on the trail of, stalking, or
lying in wait for wildlife or attempting to do
any of those things, whether or not the
wildlife is then or subsequently wounded,
killed or captured:
(A) With intention to capture the wildlife, or
(B) While in possession of a firearm or other weapon.

If you have a gun in your hands during hunting season, you will be deemed to be hunting

[guntech]

Check out the definition of hunting in the regs:


Hunt and Hunting

- includes shooting
at, attracting, searching for, chasing, pursuing,
following after or on the trail of, stalking, or
lying in wait for wildlife or attempting to do
any of those things, whether or not the
wildlife is then or subsequently wounded,
killed or captured:

(A) With intention to capture the wildlife, or
(B) While in possession of a firearm or other weapon.


The published "regulations" that the government gives us are not "law". You actually have to consult the game act to read what the actual "law" is.

I discovered that several years ago when we had an argument with an RCMP officer and a CO. After the actual game act was read in a CO's office the situation was resolved. Charges were dropped and the rifle returned.

Somewhere in the published regualtions they even state that these regulations are not "law" but the game act is.... or something to that effect.

[Thunderstix]

While that is true, in this case they are the same as the definition of hunting is straight from the Wildlife Act.

[gary mok]

thank all of your useful infromation,if my buddy goes with me for hunting he won't carry any firearm,just stay beside me as a bystander,in case I get hurt he can get help for me,so it's legal,right...thanks a lot

[Gateholio]

I could see if one was carrying a firearm and only just accompanying a person who is "hunting", it could be perceived that one is also in pursuit of game and therefore hunting. Even if your not.

Yes, you are absolutely correct.

It could be interpreted like that, and I am sure a CO would write a violation ticket.

However, the CO is nothte one you have to convince that you were not hunting.:razz:

[Gateholio]

Check out the definition of hunting in the regs:



Hunt and Hunting

- includes shooting
at, attracting, searching for, chasing, pursuing,
following after or on the trail of, stalking, or
lying in wait for wildlife or attempting to do
any of those things, whether or not the
wildlife is then or subsequently wounded,
killed or captured:


(A) With intention to capture the wildlife, or
(B) While in possession of a firearm or other weapon.

If you have a gun in your hands during hunting season, you will be deemed to be hunting

The question here, is "are you attracting, searching for, chasing, pursuing,
following after or on the trail of, stalking, or lying in wait for wildlife " when you are accompanying someone? Or are you simply observing him doing so?:razz:

Like I said, a CO would probably write a ticket, it's up to the judge if you actually *were* hunting..:)


This, however, is incorrect:

If you have a gun in your hands during hunting season, you will be deemed to be hunting

There are plenty of legiitmate reasons to carry a gun in the bush during any time of the year. Defense form wild critters and target practice are legitimate reasons.

Besides, this is BC, there is almost NO 'closed" season!:)

[Thunderstix]

The question here, is "are you attracting, searching for, chasing, pursuing,
following after or on the trail of, stalking, or lying in wait for wildlife " when you are accompanying someone? Or are you simply observing him doing so?:razz:

Like I said, a CO would probably write a ticket, it's up to the judge if you actually *were* hunting..:)


This, however, is incorrect:

If you have a gun in your hands during hunting season, you will be deemed to be hunting

There are plenty of legiitmate reasons to carry a gun in the bush during any time of the year. Defense form wild critters and target practice are legitimate reasons.

Besides, this is BC, there is almost NO 'closed" season!:)



I really only meant that comment in regards to the original post scenario. I guess I should have said that...doh!:smile:

[Gateholio]

Yeah TS, I know...:razz:

I was jut playing around. If 2 guys are dragging a deer back tot he truck, both with rifles, you are going to have a hard time convincing anyone that only 'one' of you was hunting..:razz:

[gary mok]

but if my buddy just help me to drag the game back to the truck without carry any gun,I am the one only carry the firearm and hunter at that time,my buddy is a helper,is it legal or not? one more thing when I transport my rifle or shot gun from my house to the hunting area,Does it complusory to put a trigger lock on it or not?I know hand gun have to be do it.if I just scout the woods with my 12ga shot gun for self-defense purpose with buck shot or slug in it,Do I have to be load 3 shots inside only or fully loaded is no problem,it won't against the law for self- defense not for hunting?

[Gateholio]

[quote=gary mok]but if my buddy just help me to drag the game back to the truck without carry any gun,I am the one only carry the firearm and hunter at that time,my buddy is a helper,is it legal or not?

Yes, that is legal.


one more thing when I transport my rifle or shot gun from my house to the hunting area,Does it complusory to put a trigger lock on it or not?I know hand gun have to be do it.

No trigger lock required.

When vehicle is unattended, lock it in the trunk or in the case of a truck or SUV, it must not be visible from outside.



if I just scout the woods with my 12ga shot gun for self-defense purpose with buck shot or slug in it,Do I have to be load 3 shots inside only or fully loaded is no problem,it won't against the law for self- defense not for hunting?

You can fully load it, if you do not intend to use it for hunting purposes.

And slus work alot better than buckshot for defense against bears!:wink:

[gary mok]

thank you so much gatehouse you solve all of my doubt now and everyone who gave me info , have a good hunt next season!!!!!