should it have been covered up

[Markio]

Bloody hell, that's the village next door to me.

[guest1957]

Brandishing - 'to florish, wave about, my means of threat or display, or in preparation for action' so OED tell me

[Chard]

Brandishing - 'to florish, wave about, my means of threat or display, or in preparation for action' so OED tell me

 

 

You get quite a lot of willy-brandishing on here

[guest1957]

You get quite a lot of willy-brandishing on here

 

I'm glad we don't see the action

[HDAV]

Well sec 19 firearms act 1968 states this is a direct cut from the act

 

19.

Carrying firearm in a public place.A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

[F1 (a)a loaded shot gun,

(b)an air weapon (whether loaded or not),

©any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

(d)an imitation firearm.]

 

Act states Loaded shotgun, if its not loaded i don't see the issue...

 

http://www.opsi.gov.uk/acts/acts1968/pdf/u...19680027_en.pdf

 

Page 12

 

19. A person commits an offence if, without lawful authority

or reasonable excuse (the proof whereof lies on him) he has with

him in a public place a loaded shot gun or loaded air weapon,

or any other firearm (whether loaded or not) together with

ammunition suitable for use in that firearm.

 

Carrying firearm in a public place.

 

ammunition suitable for use in that firearm.

Edited April 14, 2010 by HDAV

[abiteachuck]

very, very interesting thread and one that concerns me as i have to walk across a road from where i park on my top permission ok the gun is never loaded but also is never covered

the answer seems to be somewere in the distance at the moment, carrying a slip around all night is a pain if it was`nt the law.

what about the wording on the shotgun it only says loaded and a air rifle or firearm loaded or not

difficult, i have just rang the plod and they dont know, so does that mean its a grey area ie each case on merit?

keith

[Kent Militia]

Oh I was carrying a slipped gun in Nottingham, I was taking it to a gun shop to try to find a sling for it. I was in the city, quite a public palce and even with the shotgun in the slip I got quite a few funny looks from people.

[Nial]

Well sec 19 firearms act 1968 states this is a direct cut from the act

 

19.

Carrying firearm in a public place.A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

[F1

(a)a loaded shot gun,

(b)an air weapon (whether loaded or not),

©any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

(d)an imitation firearm.]

 

 

This reads to me like they are addressing the different types of firearms with conditions for illegality...

 

Shotgun (loaded)

Any air weapon

Any other firearm (excluding shotgun and airweapon) where you're also carrying ammunition.

Any imitation firearm.

 

So shotguns are OK as long as they are not loaded.

 

 

?

 

Nial.

[allthegearandnoidea]

So does that mean if you don't have a driveway and park on the road, you would be commiting an offence by carrying your rifle and ammo to the car at the same time.

 

That doesn't sound right as the you would then have to carry them separatley, and put the ammo in the car whilst you fetched the rifle, or vice versa, and leave it unattended for a period of time.

[pavman]

ok this is what I have I am sure its ok to make it public, hope it helps

 

From: pavman

Sent: 08 September 2008 15:33

To: Firearms

Subject: rifle transport

 

Dear BASC team

 

I look after vermin control and use my road legal Quad, when I drive to the farms my rifle is in the slip, however once on the farm I mount on a Rifle rack just in front of me, I have to access different areas of the farm via a public road. Can you advise the Law with regards to being on a public highway with a Rifle and the condition it should be in? i.e can you remove all rounds and the mag and transport the rifle in the rack or must it always be concealed from view of the public?

 

From: (Firearms)

Sent: 09 September 2008 13:19

To: 'pavman

Subject: RE: rifle transport

 

Hello pavman,

The rifle must be unloaded before you go onto a public place, but it does not need to be out of view. So you can unload the rifle and put it on the rack and then travel down the road. As long as the rifle is never left unattended it is not a problem.

Regards

 

XXXX XXXXX

Firearms Officer

BASC

Marford Mill

Rossett

Wrexham

[Frenchieboy]

That is a very interesting e-mail you have there Pavman! Please correct me if I am wrong but the way that I am reading it (As far as it concerns my circumstances) is as follows:

I have one of my permissions that is disected by an old and practically disused road. While this road is not used any more except by the farmers it is still classed as a Public Highway. Whenever I am on this permission I carry a rifle slip rolled up in my pocket so that I can unload and slip my rifle to cross from one half of the permission to the other (Which can be a pain in the neck for the sake of a 6 yard walk)

What I see this e-mail as saying is that as long as all I am doing is crossing from one half of the permission directly to the other half all I need to do is to make my rifle "safe" by unloading it (And idealy removing the magazine as well) and putting it on the sling across my back to cross the road and that I do not need to "slip" the rifle.

The reason that I am trying to get this clarified is because I actually got reported for carrying an uncovered shotgun on this road (The report was proven to be a false report straight away I have to add) and the police that attended and spoke to me said that it would clearly be an offence to have my gun uncovered on this or any other public highway.

Any thoughts would be more than welcome or am I just "Nit Picking"?

[pavman]

That is a very interesting e-mail you have there Pavman! Please correct me if I am wrong but the way that I am reading it (As far as it concerns my circumstances) is as follows:

I have one of my permissions that is disected by an old and practically disused road. While this road is not used any more except by the farmers it is still classed as a Public Highway. Whenever I am on this permission I carry a rifle slip rolled up in my pocket so that I can unload and slip my rifle to cross from one half of the permission to the other (Which can be a pain in the neck for the sake of a 6 yard walk)

What I see this e-mail as saying is that as long as all I am doing is crossing from one half of the permission directly to the other half all I need to do is to make my rifle "safe" by unloading it (And idealy removing the magazine as well) and putting it on the sling across my back to cross the road and that I do not need to "slip" the rifle.

The reason that I am trying to get this clarified is because I actually got reported for carrying an uncovered shotgun on this road (The report was proven to be a false report straight away I have to add) and the police that attended and spoke to me said that it would clearly be an offence to have my gun uncovered on this or any other public highway.

Any thoughts would be more than welcome or am I just "Nit Picking"?

 

 

many will understand local plod seldom know anything about shottie or firearms law and will opt to "protect the public interest" dont be surprised if BASC advise plod on many such issues......

 

I wanted to make sure i was legal and if the advise is bad (and i dont think it is) and I kop a wrong un I have it in writing, I awalys unload and pull the mag........ and try to be as descrete as poss, most local folk have seen me about and know i work for the farm and to date I have never had a problem

 

anyone else contacted BASC with a similar situation or seeking advise?

[arjimlad]

As s19 states, it is lawful to have an unloaded shotgun in a public place if you have a reasonable excuse.

 

Parking my car adjacent to the public highway, I remove my shotgun from its slip in the boot of my car, and cross a fence into the fields where I have permission to shoot - I regard this as a reasonable excuse. Similarly, crossing a road which divides parts of where I shoot, with my unloaded gun under my arm, is OK as well.

 

Whether it is in a slip or not is immaterial. However, putting it in a slip might be sensible to avoid confusion by the public...

 

Confusion crept in with some shooters remembering the law relating to airguns, which used to provide that a young person could have an airgun in a public place if it was in a case such that it could not be fired. This was repealed so that it is now illegal for someone under 18 to have an airgun in a public place full stop.

 

If you were just ambling about the streets with your unloaded shotgun under your arm you would probably not have a reasonable excuse !

[Shuck.]

From: (Firearms)

Sent: 09 September 2008 13:19

To: 'pavman

Subject: RE: rifle transport

 

Hello pavman,

The rifle must be unloaded before you go onto a public place, but it does not need to be out of view. So you can unload the rifle and put it on the rack and then travel down the road. As long as the rifle is never left unattended it is not a problem.

Regards

 

XXXX XXXXX

Firearms Officer

BASC

Marford Mill

Rossett

Wrexham

 

that's a lot of kisses Pavman, is there anything we should know about your BASC affiliation?

[pavman]

that's a lot of kisses Pavman, is there anything we should know about your BASC affiliation?

 

 

Shuck, there is a lot of hate in the world so why not spread a little love

[Nial]

The reason that I am trying to get this clarified is because I actually got reported for carrying an uncovered shotgun on this road (The report was proven to be a false report straight away I have to add) and the police that attended and spoke to me said that it would clearly be an offence to have my gun uncovered on this or any other public highway.

 

 

From what's been posted earlier, they were clearly wrong.

 

I've driven past a pair of guys with broken shotguns over their shoulders walking

along the (quiet country) road a few times in NI.

 

 

Nial.

[Nial]

As s19 states, it is lawful to have an unloaded shotgun in a public place if you have a reasonable excuse.

 

 

No, it says you need reasonable excuse to have a loaded shotgun.

 

 

I'd imply from this that you don't need any excuse to have an unloaded shotgun, although I'm not sure

I'd fancy trying to argue this with the peelers on the ground.

 

 

Nial.

[mollydog]

many will understand local plod seldom know anything about shottie or firearms law and will opt to "protect the public interest" dont be surprised if BASC advise plod on many such issues......

 

I wanted to make sure i was legal and if the advise is bad (and i dont think it is) and I kop a wrong un I have it in writing, I awalys unload and pull the mag........ and try to be as descrete as poss, most local folk have seen me about and know i work for the farm and to date I have never had a problem

 

anyone else contacted BASC with a similar situation or seeking advise?

yep had the same advice from basc as i too shoot on grounds with roads through them

[bobt]

The other year, two of us were standing next to the road, in a local village waiting to be picked up by the shoot transport, we each had a shotgun and between us 3 dogs and a handfull of game,

 

the village bus pulled up asking if we were getting on.

[Frenchieboy]

The other year, two of us were standing next to the road, in a local village waiting to be picked up by the shoot transport, we each had a shotgun and between us 3 dogs and a handfull of game,

 

the village bus pulled up asking if we were getting on.

 

Wasn't the bus driver worried that you were going to stage an armed hold up and rob all the OAPs of their Free Bus Passes?

Edited April 16, 2010 by Frenchieboy

[HDAV]

The other year, two of us were standing next to the road, in a local village waiting to be picked up by the shoot transport, we each had a shotgun and between us 3 dogs and a handfull of game,

 

the village bus pulled up asking if we were getting on.

Which you would be perfectly able to do with everything except maybe the dogs (or do gun dogs count as assistance dogs?)

 

Also what's the definition of "in Public"? is it any public place? or a place where the public are?

 

Shotguns are seemingly fine in public unless you "brandish it"

[Klunk]

Had this come up during my SGC interview with my local friendly FEO.

Apparently, so he told me, it's perfectly legal to have a shotgun with you in a public place BUT it MUST be broken AND unloaded. It seems that this quirk of law is to allow farmer Giles to be able to cross the road from one field to another when out on his mooch, without having to slip and unslip his gun. Now, so he told me, that wording of the law means that it's also perfectly legal to go shopping with an unloaded, broken shotgun (and I'm only talking about shotguns here - air rifles and firearms are a different kettle of fish altogether) over your arm. Stranger than fiction...

 

Still doesn't mean that would be a bright thing to do, though, does it?

[essexfluke]

I bought a shotgun last year on the spur of the moment thing from a gun shop in the high street, I said to the dealer that I would comeback later that day as I didnt have a slip only to be informed that it was not needed by law. So I took it there and then, but he did rap it in paper for me as I was uneasy about walking down the high street with it.

[MJN]

In tonights colchester gazette

No action will be taken on air rifle man, a 52 yr old frinton man questioned after being seen carrying a gun in Lawford had been shooting pigeons with an air rifle.

Edited April 16, 2010 by MGMan

[HDAV]

In tonights colchester gazette

No action will be taken on air rifle man, a 52 yr old frinton man questioned after being seen carrying a gun in Lawford had been shooting pigeons with an air rifle.

 

Now that is crazy!!!

A 52-year-old man from Frinton was arrested on suspicion of possession of a firearm with intent to cause fear of violence.

 

Armed police searched Lawford last night after reports that a man with a shotgun was roaming the village.

 

Police were called to Station Road at 6.15pm yesterday and a helicopter aided the search.

 

The man was released on police bail until Friday pending further enquiries.

http://www.gazette-news.co.uk/news/local/c...aces_gun_probe/

POLICE say no action will be taken against a man arrested on suspicion of a firearms offence on Tuesday night.

 

The 52-year-old Frinton man was questioned after being seen carrying a gun in Lawford.

 

Police said it later emerged he had been shooting pigeons with an air rifle.

 

Spokesman Helen Cook said: "We have made inquiries and found what he was doing was perfectly legitimate.

 

"He had an air rifle and was shooting in a field. There is no evidence he was doing anything unlawful."

http://www.gazette-news.co.uk/news/local/c...ace_no_charges/

 

SO if it was unslipped he was committing an offence if it was a shotgun unslipped there was no offence..Glad the chap was let off but does seem nuts!