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can someone confirm please


bsamatt
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hi all, would just like someone to cofirm that its alright that a mate of mine can use one of my shotguns, whilst with me. The only reason is that ive been seeing alot of pigeons roosting in the woods i shoot and all my shooting mate are busy, and i could do with another gun, ive searched the net and most people are saying yes, but id just like to confirm on here, I would of rang my FEO but he only works monday to friday. Also while im on the subject is he allowed to shoot my rifles with me obviously for futre reference. obviously it will be on land I have permiision to shoot on, Thanks Matt :good:

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hi all, would just like someone to cofirm that its alright that a mate of mine can use one of my shotguns, whilst with me. The only reason is that ive been seeing alot of pigeons roosting in the woods i shoot and all my shooting mate are busy, and i could do with another gun, ive searched the net and most people are saying yes, but id just like to confirm on here, I would of rang my FEO but he only works monday to friday. Also while im on the subject is he allowed to shoot my rifles with me obviously for futre reference. obviously it will be on land I have permiision to shoot on, Thanks Matt :good:

 

 

Hi Matt, I stand to be corrected but I had a similar situation a few years back- the answer then was that my guest who didn't hold a cert was only allowed to shoot while with the owner of the land present certainly not allowed to go off across the fields shooting with me!

 

Does your mate hold a certificate? if so then it shouldn't be a problem providing the owner is happy for him to be there.

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:oops: Only if you are the landowner or occupier of the land (renting the land).

Or at a shooting ground that has a section 11 (6) Mind you even then it`s a bit :wacko: because the certificate says that you have to be in the presents of the certificate owner which is almost impossible.

Some forces regard occupier as the person having the shooting rights but that`s the problem with our laws. The different forces interpret things differently. :angry:

Phone your local fire arms officer and check with them, then don`t shoot outside that county without finding out from that force. It`s a bit of a shambles in places and **** you get into if you get it wrong is frightening :/

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This may help.

 

EXEMPTIONS FROM THE REQUIREMENT TO HOLD A CERTIFICATE

 

Shot guns

 

6.14 Section 11(5) of the 1968 Act allows

an individual, without holding a shot gun

certificate, to borrow a shot gun from the

occupier of private premises and use it on

those premises in the occupier’s presence.

The presence of the occupier is normally

taken to mean within sight and earshot of the

individual borrowing the firearm. The term

“occupier” is not defined in the Firearms

Acts, nor has a Court clarified its meaning.

However, the Firearms Consultative

Committee in their 5th Annual report

recommended that the provisions of section

27 of the Wildlife and Countryside Act 1981

be adopted. This states that ‘“occupier” in

relation to any land, other than the foreshore,

includes any person having any right of

hunting, shooting, fishing or taking game or

fish’. In the absence of any firm definition

for firearms purposes, it is suggested that

each chief officer of police may wish to make

use of this definition. On some occasions

though, where the status of a certificate

holder acting as an occupier is an issue, the

chief officer may need to consider seeking

the advice of counsel. Section 57(4) provides

that “premises” shall include any land. The

borrower may be of any age but an offence

may be committed under section 22(3) if a

minor under the age of 15 is not supervised

by a person over 21 years of age.

6.15 Similarly, section 11(6) of the 1968 Act

allows an individual, without holding a shot

gun certificate, to use a shot gun at a time

and place approved for shooting at artificial

targets by the chief officer of police for the

area in which that place is situated. As the

approval of such time and place is prescribed

by law and there may be duty of care issues

involved, chief officers may wish not only

to satisfy themselves that such events are

properly conducted and supervised, but also

to establish that there are no public safety

issues involved. When an exemption is

granted, the chief officer should advise

the organiser that they are responsible for

ensuring, so far as is practicable, that

adequate precautions are taken for the safety

of the participants and any spectators. Shoots

at which participants hold certificates do not

require an exemption under section 11(6).

Organisers operating in conjunction with

business, such as corporate entertainment,

will have additional responsibilities under

the Health and Safety at Work Act.

 

Borrowed rifles on private premises

 

6.16 Section 16(1) of the 1988 Act enables a

person to borrow a rifle from the occupier

of private premises and to use it on those

premises in the presence of either the

occupier or their servant without holding a

firearm certificate in respect of that rifle. It

should be noted that this gives slightly more

flexibility in the use of a borrowed rifle than

is permissible with the use of a shot gun

as described in paragraph 6.14, in that the

borrowed rifle can also be used in the

presence of the servant of the occupier.

However, the occupier and/or their servant

must hold a firearm certificate in respect of

the firearm being used, and the borrower,

who must be accompanied by the certificate

holder (whether it is the occupier or their

servant), must comply with the conditions

of the certificate. These may include a

safekeeping requirement and, in some cases,

territorial restrictions. Section 57(4) of the

1968 Act defines “premises” as including any

land. The effect of the provision is to allow

a person visiting a private estate to borrow

and use a rifle without a certificate. The

exemption does not extend to persons under

the age of 17 or to other types of firearm.

There is no notification required on the

loan of a firearm under these circumstances.

A borrowed rifle should not be specifically

identified as such on a “keeper’s” or

“landowner’s” firearm certificate. The term

“in the presence of” is not defined in law

but is generally interpreted as being within

sight and earshot.

6.17 Section 16(2) of the 1988 Act provides

for a person borrowing a rifle in accordance

with section 16(1) of the 1988 Act to

purchase or acquire ammunition for use in

the rifle, and to have it in their possession

during the period for which the rifle is

borrowed, without holding a certificate. The

borrower’s possession of the ammunition

must comply with the conditions on the

certificate of the person in whose presence

they are and the amount of ammunition

borrowed must not exceed that which the

certificate holder is authorised to have in

their possession at that time. It should be

noted that the borrower may only take

possession of the ammunition during the

period of the loan of the rifle at which time

they will be in the presence of the certificate

holder. If the persons selling or handing

over the ammunition are not certificate

holders, it may be necessary for them to

see the certificate to satisfy themselves that

the terms of this section have been met and

that the amount of ammunition the borrower

wishes to acquire is no greater than that

which the certificate holder is authorised

to possess. However, the details of the

transaction need not be recorded on

the certificate.

EXEMPTIONS FROM THE REQUIREMENT TO HOLD A CERTIFICATE.doc

Edited by Dekers
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So,if i have understood it correctly,as long as its your land or you are the servant of the land owner then a mate can use either your shotgun or rifle as long as they are in sight and sound of the certificate holder and they comply with restrictions on the certificate.

This is how my flo explained it to me when i enquired.

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So,if i have understood it correctly,as long as its your land or you are the servant of the land owner then a mate can use either your shotgun or rifle as long as they are in sight and sound of the certificate holder and they comply with restrictions on the certificate.

This is how my flo explained it to me when i enquired.

 

 

Most commonly refered to as the "Occupier"

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So,if i have understood it correctly,as long as its your land or you are the servant of the land owner then a mate can use either your shotgun or rifle as long as they are in sight and sound of the certificate holder and they comply with restrictions on the certificate.

This is how my flo explained it to me when i enquired.

 

That is the way that I interpreted it! If you have permission to shoot vermin or game on the land from the land owner (I have all of mine in writing) then you become the land owner's servant or agent, as such you are allowed to have a companion with you using one of your shotguns but he must stay within sight and earshot of you. I occasionally take a friend out with me but I always visit the land owner first and make sure that he knows who I have with me and that he is happy about it!

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That is the way that I interpreted it! If you have permission to shoot vermin or game on the land from the land owner (I have all of mine in writing) then you become the land owner's servant or agent, as such you are allowed to have a companion with you using one of your shotguns but he must stay within sight and earshot of you. I occasionally take a friend out with me but I always visit the land owner first and make sure that he knows who I have with me and that he is happy about it!

 

Same here, I also started out shooting on this premise before I had my licence. Shooting with a FAC holder who had permission to shoot the land, my FEO was more than happy with this when I applied for my .243 in that it meant I had practical hunting experience with that calibre (rather than just target shooting).

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