berettaman Posted March 8, 2010 Report Share Posted March 8, 2010 (edited) on one of the fields i shoot over there is a public right of way its about two feet from the rape,however when the wind is in the right direction i place my hide in cover practically on the walkway/track, am i breaking any laws by shooting from that point,in the past i have had about four lots of ramblers walking past, i know when they are approaching but im a bit foggy on the law relating to this,any help ? I hope this is on the right forum Edited March 8, 2010 by berettaman Quote Link to comment Share on other sites More sharing options...
mossy835 Posted March 8, 2010 Report Share Posted March 8, 2010 as far as im aware,you can shoot over a foot path or near it.but you must look out for people coming. when imshooting i see them coming and get out the hide,and unload the gun. and all is ok. Quote Link to comment Share on other sites More sharing options...
kyska Posted March 8, 2010 Report Share Posted March 8, 2010 on one of the fields i shoot over there is a public right of way its about two feet from the rape,however when the wind is in the right direction i place my hide in cover practically on the walkway/track, am i breaking any laws by shooting from that point,in the past i have had about four lots of ramblers walking past, i know when they are approaching but im a bit foggy on the law relating to this,any help ? I hope this is on the right forum As far as I know you have every right to shoot, near and even over public rights of way, as long as you don't shoot anyone. I have lots of footpaths on my permission, and my FEO was happy with me shooting over/through them. Just be careful not to 'block' right of way, ramblers are funny sorts of people. Shoot on. Quote Link to comment Share on other sites More sharing options...
vampire Posted March 8, 2010 Report Share Posted March 8, 2010 All info is correct,but i think ive read somewhere that they could still report you if you cause alarm or hinda their progress Quote Link to comment Share on other sites More sharing options...
wattsowatts Posted March 8, 2010 Report Share Posted March 8, 2010 I have a similar problem on two of my permissions; I have made up some laminated signs which warns people that I am out shooting and asking them to keep to the public footpath. I put these out where the footpaths come through the hedges as far from the hide as possible. Quote Link to comment Share on other sites More sharing options...
berettaman Posted March 8, 2010 Author Report Share Posted March 8, 2010 All info is correct,but i think ive read somewhere that they could still report you if you cause alarm or hinda their progress I think its more of a case of they are hindering me mostly they stop and talk and that does ****** all for the continuity of the pigeons flying in but as long as im not breaking any laws thats all i needed to know Quote Link to comment Share on other sites More sharing options...
vampire Posted March 8, 2010 Report Share Posted March 8, 2010 Why dont you set ya hide up somewhere else and use the walkers to put the pigeons up ,thats what we do Quote Link to comment Share on other sites More sharing options...
lambhat Posted March 8, 2010 Report Share Posted March 8, 2010 All info is correct,but i think ive read somewhere that they could still report you if you cause alarm or hinda their progress I think that's only if its a road/track that the public can take vehicles on; as opposed to a footpath. Quote Link to comment Share on other sites More sharing options...
kyska Posted March 9, 2010 Report Share Posted March 9, 2010 I think that's only if its a road/track that the public can take vehicles on; as opposed to a footpath. It is, only public roads with vehicular access. Quote Link to comment Share on other sites More sharing options...
chairman Posted March 9, 2010 Report Share Posted March 9, 2010 on one of the fields i shoot over there is a public right of way its about two feet from the rape,however when the wind is in the right direction i place my hide in cover practically on the walkway/track, am i breaking any laws by shooting from that point,in the past i have had about four lots of ramblers walking past, i know when they are approaching but im a bit foggy on the law relating to this,any help ? I hope this is on the right forum I have the same problem with a public footpath on my shoot. Yesterday I phoned BASC who informed me that as long as any ramblers or other members of the public who are using the footpath are not impeaded or held up in any way and are given free passage past where you are set up, then there is no law being broken and nothing to give cause for concern. I suggested that I put out a red flag and some form of warning notice at the start of the footpath but was told this was not required. Chairman Quote Link to comment Share on other sites More sharing options...
here iam Posted March 9, 2010 Report Share Posted March 9, 2010 As far as I know you have every right to shoot, near and even over public rights of way, as long as you don't shoot anyone. I have lots of footpaths on my permission, and my FEO was happy with me shooting over/through them. Just be careful not to 'block' right of way, ramblers are funny sorts of people. Shoot on. I might be wrong but i always thought you had to be 50 metres away from any public foot path and highway Quote Link to comment Share on other sites More sharing options...
wymberley Posted March 9, 2010 Report Share Posted March 9, 2010 Hello, mate, Under Section 161 of the Highways Act 1980, it is an offence without lawful authority or excuse to discharge any firearm within fifty feet of the centre of the highway and in consequence of which a user of the highway is injured, interrupted or endangered. It doesn't say that you can't shoot, you just have to be careful and interrupted is the sneaky one. Should you decide that a PROW is not a highway, then Section 19 of the Firearms Act 1968 will settle it as a public place is defined as any highway and any other premises or place to which the public have or are permitted to have access whether on payment or otherwise. Another sneaky one, my farmer has a farm shop to which the public have a right of access (opening hours) and the legal definition of "loaded" is a bit different to ours so as the shop and parking (farm yard) is defined as a public place, it pays to be careful. Sorry to be so pedantic and boring, but that's the nature of the beast. Cheers Quote Link to comment Share on other sites More sharing options...
kyska Posted March 9, 2010 Report Share Posted March 9, 2010 (edited) I might be wrong but i always thought you had to be 50 metres away from any public foot path and highway Highways with vehicular access, not footpaths, this only includes roads maintained by the highways authority, so private roads don't count. It is not an offence to shoot across a public right of way, although to do so may amount to a common law nuisance or intimidation, depending on the circumstances. It is, however, an offence to discharge a firearm within 50 feet of the centre of a byway (or other route carrying public vehicular rights) if it injures, interrupts or endangers any user of the route. Highways Act 1980 section 16.1 Edited March 9, 2010 by kyska Quote Link to comment Share on other sites More sharing options...
kyska Posted March 9, 2010 Report Share Posted March 9, 2010 This is the interpretation on the Home Office Police guidance notes. 22.17 Under section 161 of the Highways Act 1980, it is an offence for any person, without lawful authority or excuse, to discharge any firearm within fifty feet of the centre of any highway which comprises a carriageway, if in consequence, any user of the highway is injured, interrupted or endangered. For these purposes a carriageway means a highway (other than a cycle track) over which the public have a right of way for the passage of vehicles. The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of “culpable and reckless conduct” and “reckless endangerment” in situations in which the 1980 Act would be contravened in England and Wales. 118 Quote Link to comment Share on other sites More sharing options...
wymberley Posted March 9, 2010 Report Share Posted March 9, 2010 Kyska, well done, mate, I stand corrected on that point. My reference combined the two separate bits of legislation when as you have shown, it shouldn't have. What we haven't actually said is that any person having the right to shoot on land over which a ROW (footpath or bridleway) passes has lawful authority and reasonable excuse to have a loaded shotgun on or near the footpath or bridleway. This in reality is an exemption and my example regarding the farmyard remailns valid. Again, well done and I hope that I haven't inconvenienced anyone by my error. Cheers, Phil Quote Link to comment Share on other sites More sharing options...
kyska Posted March 9, 2010 Report Share Posted March 9, 2010 Kyska, well done, mate, I stand corrected on that point. My reference combined the two separate bits of legislation when as you have shown, it shouldn't have. What we haven't actually said is that any person having the right to shoot on land over which a ROW (footpath or bridleway) passes has lawful authority and reasonable excuse to have a loaded shotgun on or near the footpath or bridleway. This in reality is an exemption and my example regarding the farmyard remailns valid.Again, well done and I hope that I haven't inconvenienced anyone by my error. Cheers, Phil Not a problem Phil, it is a bit confusing! I only know these bits as I have numerous footpaths on my land, I'm pretty sure you have reasonable and lawful excuse to have the weapon on those paths if you have permission to shoot on the land, it would seem a bit silly to be able to shoot over a footpath but be able to cross it. I say this as the footpaths get moved all the time, from year to year as the walkers make their own path in the general direction (the ******** often make 3 or 4, it appears they can't walk in a straight line). Quote Link to comment Share on other sites More sharing options...
Albertan_J Posted March 9, 2010 Report Share Posted March 9, 2010 Glad I stumbled upon this thread as my permission has footpaths in the vicinity Quote Link to comment Share on other sites More sharing options...
berettaman Posted March 9, 2010 Author Report Share Posted March 9, 2010 (edited) It always pays to know exactly what you can and what you cant do,i appreciate all the answers to my original thread There is no roads or highways in the vicinity i am sandwhiched between fields and nature reserves and joe public has his little yellow arrows to tell him he can stroll alongside the field at will,as for moving around the right of way extends to just about all this farms land so i do keep my eyes peeled at all times thankyou all, berettaman if anybody has anything else to contribute please feel free BM Edited March 9, 2010 by berettaman Quote Link to comment Share on other sites More sharing options...
linny Posted March 11, 2010 Report Share Posted March 11, 2010 Glad I stumbled upon this thread as my permission has footpaths in the vicinity as above thanks Quote Link to comment Share on other sites More sharing options...
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