Firearm At Night - Bear Defense

[Guest Nonus]

In the hunting regulations there is the rule of 30mins before sunrise and 30mins after sunset is the only time a firearm may be out of its case when hunting. When not in that time slot the firearm must be away in its case.

Now the question is if you are out in the bush camping during bear feeding frenzy and you have a shotgun for bear defense (cause you never know). You are not hunting just using the firearm for bear defense. Must you follow the same rules applies in the hunting regulations or can you keep it uncased beside you while you sleep?

[Guest MNR]

This question was asked just recently, here’s the response.

Black bears live in most forested areas of this province. Most people feel rewarded to catch a glimpse of a black bear or other wildlife when they travel in Ontario and direct conflict with that wildlife is very rare.

The incidence of injury caused by wildlife to individuals who live, work and play in remote areas is extremely low.

If you feel it is necessary to carry a firearm for protection, it must be sufficient to dispatch an animal quickly and humanely. A firearm suitable for dispatching a black bear is a high-powered rifle in at least a .270 calibre or a 12 gauge shotgun loaded with rifled slugs. Rim-fire .22 rifles and small bore shotguns are unsuitable for dispatching large animals.

There is no general prohibition in provincial law against carrying a high-powered firearm in Ontario but in an area with an open hunting season you must carry a hunting licence valid for the open season species. You may not possess any firearm in most provincial parks except when and where hunting is permitted. You may never possess a firearm in a Crown Game Preserve. Federal legislation prohibits all but a few specially licenced individuals from carrying handguns of any sort. Your decision to shoot a bear in defence of life must be defendable. There have been several recent convictions in court where a person shot a bear and was unable to convince a conservation officer and Justice of the Peace that they or someone else were in immediate danger. If you walk around with a firearm outside of the hunting season, you will draw attention to yourself.

Section 109 of the Fish and Wildlife Conservation Act (FWCA) states that possession of a firearm in an area usually inhabited by wildlife is proof, in the absence of evidence to the contrary, that the person was hunting. Anyone carrying a firearm for any reason other than hunting is required to clearly show that they were not hunting.

Except in very specific circumstances, the FWCA also prohibits the carrying of loaded firearms in a vehicle, including motor boats, all-terrain vehicles and snowmobiles. All firearms must be encased from one-half hour after sunset through to one half-hour before sunrise.

There are also Federal laws that govern the possession, storage and carrying of firearms. According to the Firearms Officer of the Thunder Bay Police Services, a firearm in a tent must be treated the same way you would if you were at home. A tent does not afford enough security against theft and therefore if you leave the area you must either take the firearm with you or lock it in a vehicle and store it unloaded and out of sight. Discharging a firearm at night is dangerous. Information can be obtained on the website of the Canadian Firearms Centre at http://www.cfc-ccaf.gc.ca or contact your local police service.

There may also be a by-law that affects the possession, use or carriage of a firearm and you are encouraged to contact the municipality where you intend to travel.

Carrying a firearm is not the best solution if you are truly concerned about black bear attacks. Your best option is to take every measure to deter a bear from coming to your campsite. Refer to the OMNR Bear Wise website at http://bears.mnr.gov.on.ca/ for tips on deterring bears and what to do when encountering a bear. There is a specific fact sheet called “Be Bear Wise: Prepare and be aware at your campsite”.

Carrying a firearm solely to frighten a bear away is not recommended. You may consider acquiring commercial bear deterrent devices like “bear bangers” and other noise making equipment or repellent sprays. These items can be effective in the very remote chance that you encounter a curious bear while you are camping and are also much safer than firearms for both bears and people.