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they say no closer than 50ft from the centre of the nearest carriageway for discharging a firearm/shotgun but it must be shown to have caused distress if you do so within 50ft, very much a grey area and all that. so in theory you can setup a hide right on the kerb so long as you don`t cause alarm or distress.

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It is an offence under the Highways Act 1980 s 161(2) to light any fire on or over a carriageway, or discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic, but not to footpaths and bridleways.

 

I guess any driver could claim 'interruption' so safe to use the 50 feet rule? Like - I thought they where going to shoot me hence I was interrupted? Crazy, but 50ft isn't that far.

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Notwithstanding common sense which suggests otherwise, you can shoot (discharge any firearm) within 50ft of the centre of a highway should you so wish. However, if, in so doing, a user of the highway is injured, interupted or endangered, then Section 161 of the Highways Act 1980 probably means that you're in trouble.

Edit: Oops, sorry, Jon, don't type too fast and you weren't there when I started!

Edited by wymberley
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I've seen this often, personally I have never done it and always err on the side of common sense. The law says "a firearm should not be discharged within 50 feet of the centre of a vehicular highway if it interrupts or puts in dangers users." Or something along those lines, it doesn't say you can't.

If you think of it 50 feet is about 16 yds, so if someone was walking or riding a horse for example, a bang from a 12 bore is going to frighten it 50 feet away. I think I am correct in saying you can stand on a public right of way (like a bridlepath) and shoot. It all boils down to common sense and courtesy for other countryside users.

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Broadly speaking it is non-legislation as far as shooters are concerned and of greater relevance to youths who throw fireworks around.

 

50ft from the centre of the highway could place you in the middle of the carriageway!

 

Any shooter who frightens or inconveniences a member of the public is behaving irresponsibly and in risk of losing their license - it does not matter where they are in relation to any footpath or road.

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Broadly speaking it is non-legislation as far as shooters are concerned and of greater relevance to youths who throw fireworks around.

 

50ft from the centre of the highway could place you in the middle of the carriageway!

 

Any shooter who frightens or inconveniences a member of the public is behaving irresponsibly and in risk of losing their license - it does not matter where they are in relation to any footpath or road.

Two cracking good points; pity to have ruined them with the third or have I misunderstood the wording? I take it that as it doesn't matter where they are in relation to any footpath or road or even the local pub, they could be in the middle of my farm. In which case who is behaving irresponsibly and who is inconvenienced?

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Two cracking good points; pity to have ruined them with the third or have I misunderstood the wording? I take it that as it doesn't matter where they are in relation to any footpath or road or even the local pub, they could be in the middle of my farm. In which case who is behaving irresponsibly and who is inconvenienced?

 

Thanks 39tds for your comment.

 

Sorry wymberley, "you read it wrong", or at least I expressed it badly.

 

"it does not matter where they are in relation to any footpath or road." By that I meant that it does not matter where the shooter is shooting from. They can be next to a road or footpath or whatever. What the shooter must not do is annoy or hinder, frighten or inconvenience any other person.

 

In reality the only thing that stops you standing in the middle of the road to shoot (apart from being run over!) is needing the landowners permission - the County Council may not be too keen to give it.

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Read it however you like, this is what it says.....

 

Highways Act 1980 section 161 (2)

If a person without lawful authority or excuse;

 

(a) lights any fire on or over a highway which consists of or comprises a carriageway; or

 

(B) discharges any firearm or firework within 50 feet of the centre of such a highway, and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

 

 

For the purposes of this law, (Section 161 (2) of the Highway Act 1980) a highway is restricted to a public right of way for the passage of vehicles and does NOT include footpaths, cycle tracks or bridleways.

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Thanks 39tds for your comment.

 

Sorry wymberley, "you read it wrong", or at least I expressed it badly.

 

"it does not matter where they are in relation to any footpath or road." By that I meant that it does not matter where the shooter is shooting from. They can be next to a road or footpath or whatever. What the shooter must not do is annoy or hinder, frighten or inconvenience any other person.

 

In reality the only thing that stops you standing in the middle of the road to shoot (apart from being run over!) is needing the landowners permission - the County Council may not be too keen to give it.

Dadioles, hello, mate. Sorry about that; we seem to have got in a bit of a pickle. I now realise that you're still near the road and aren't shooting somewhere where Joe Public has no right to be and my original post indicates that I totally agree. (Amazing isn't it, in Germany I was once placed in the middle of a road as a standing gun by the shoot Captain. I got a right telling off for moving to let the cars pass and was put back on my spot in no uncertain fashion. At the end of the drive there's a fair old queue and as I stepped out of the way everyone waved and smiled as they went on their merry way.)

So; three cracking points.

Cheers,

Phil

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Regardless of the law, common sense should come into play.

If it's a hot day where you know everyone's going to be driving with open windows then I make sure I am a lot further than 50' away from the road, and apply the same rule if there are walkers as well. Unless it's a motorway I try not to sit close to a road at all unless I know there is very little traffic going through it and there are absolutely no alternatives.

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