propercartridges Posted October 17, 2015 Report Share Posted October 17, 2015 hi all about a month ago I took over 60 000 goose carts to a new gunshop in the Aberdeen area and as usual I try and get a shot at some pigeons now I have a magnet but did not use it that day I keep my gadgets till later or the birds not coming in any how coming of the field a police car pulled up near me and asked if I was or had been using a magnet as they were looking for other people using tape recorders for to pull in the geese and he told me a pigeon magnet was illegal as it was classed as a mechanical aid and that's against the law so whats the answer people Quote Link to comment Share on other sites More sharing options...
Dr D Posted October 17, 2015 Report Share Posted October 17, 2015 (edited) Any mechanically-propelled vehicle in immediate pursuit of birds for the purpose of killing or taking. Now the question before the court would centre on what constitutes 'immediate pursuit' and does the 'vehicle' itself have to be for the 'purpose of killing or taking' rather than attracting the bird to then be shot? Also what is the concept of 'mechanically propelled'? This is very broad potentially. A perfect example of bad legislative draftsmanship. I don't think the officer would know the answer and I can't find any case law. Edited October 17, 2015 by Dr D Quote Link to comment Share on other sites More sharing options...
Dr D Posted October 17, 2015 Report Share Posted October 17, 2015 (edited) However, i should have said since the purpose of the mechanical devise in question is neither to take or kill a bird in and of itself I wouldn't imagine a prosecutor concluding that the prosecutorial test would be met. I had drawn a conclusion, but upon reflection it could have been a hostage to fortune. I will reserve judgement until we hear from others. Edited October 17, 2015 by Dr D Quote Link to comment Share on other sites More sharing options...
Milo Posted October 17, 2015 Report Share Posted October 17, 2015 By vehicle it would appear to be the common meaning, which is to say car, truck, quad bike, etc, rather than any more legally esoteric or wider ranging definition along the lines of tool. (3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty: Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted October 17, 2015 Report Share Posted October 17, 2015 George it is the usual police poppycock, they know a little and guess the rest. Quote Link to comment Share on other sites More sharing options...
propercartridges Posted October 17, 2015 Author Report Share Posted October 17, 2015 ok thanks but are people breaking the law by using one Quote Link to comment Share on other sites More sharing options...
fenboy Posted October 17, 2015 Report Share Posted October 17, 2015 ok thanks but are people breaking the law by using one No. Quote Link to comment Share on other sites More sharing options...
motty Posted October 17, 2015 Report Share Posted October 17, 2015 ok thanks but are people breaking the law by using one Do you really think that they would be sold if it was illegal to use one? Quote Link to comment Share on other sites More sharing options...
Milo Posted October 17, 2015 Report Share Posted October 17, 2015 Not according to that wording. On a more practical level, if magnets were not legal we would have heard about it before now! Quote Link to comment Share on other sites More sharing options...
Dr D Posted October 17, 2015 Report Share Posted October 17, 2015 Do you really think that they would be sold if it was illegal to use one? Yes I do. It not illegal to sell a number of items I can think of. But it is illegal to use them for particular purposes. For example, an electronic call. That said, I don't think it illegal to use a magnet. Quote Link to comment Share on other sites More sharing options...
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