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Is This Breaking The Law


sitsinhedges
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The answer is definately no. It is not illegal to carry a slipped shotgun and a cartridge bag on a public footpath.

If you had/have a doubt, contact your FEO and ask him the question - I'd bet a considerable amount he agrees with those who say its not illegal.

 

For those who say it is illegal, how do you get about, carrying your shotgun ? Or perhaps you dont understand the meaning of a 'public place'?

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There might not be a requirement to use a slip in that particular statute. However, if a shooter caused a member of the public "distress or alarm" by not using a slip, then I am sure there is other legislation which could become applicable.

 

As with anything, always best to err on the side of caution.

 

Rural people for example, may likely be far more relaxed seeing a "country gent" out with his SxS in a green lane than some city dweller in the center of Manchester who goes out for a morning Latte only to be confronted by someone openly carrying a gun and dressed head to toe in DPM.

 

Common sense must prevail.

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Common sense must prevail.

When exactly does that apply in law? The law does not state what is not an offence only what is having a loaded shotgun in a public place without reasonable excuse is, no mention of an unloaded one yes it seems odd but that's the law perfectly legal to walk around with an unloaded shotgun many people do. Caribbean people used to cause my nan distress and alarm when they walked past her front window! Should they all have been arrested?

 

You can walk around with an uncovered shotgun, not a good idea with out a reason and putting down may land you in trouble but not illegal it is illegal to walk round with a sub 12ft/lb air rifle or paintball gun, airsoft gun.

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Rural people for example, may likely be far more relaxed seeing a "country gent" out with his SxS in a green lane than some city dweller in the center of Manchester who goes out for a morning Latte only to be confronted by someone openly carrying a gun and dressed head to toe in DPM.

 

Common sense must prevail.

 

i think carrying a unslipped shot gun in a large town or city would be madness but in the country people make allowances but i think how you are dressed may make difference as to weather anyone takes any notice so a stocking over the head is not advised lol

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DISCLAIMER: Don't take my advice without contacting BASC first to find out the complete law and confirm what I have said below. I asked a while ago now and I may have forgot parts of the law or they may have changed. I no longer shoot live quarry and only have the shottie for clays at registered grounds.

 

From what I remember BASC saying (although don't quote me as I haven't shot live quarry in a while, contact BASC) there is no law stopping you from walking down a public footpath with a firearm IF you have good reason to... So going from one part of your permission to another part of your permission as long as the gun is unloaded, action open and pointing in a safe direction .

They also just said to say a friendly hello and be polite.

 

Also, you cannot shoot off a public footpath without good reason (he said shooting rabbits wasn't good reason).

I asked BASC all these questions before I went out shooting rabbits to check every bit of law I could. BASC are brilliant and answered my questions perfectly.

Edited by Spara Dritto
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When exactly does that apply in law? The law does not state what is not an offence only what is having a loaded shotgun in a public place without reasonable excuse is, no mention of an unloaded one yes it seems odd but that's the law perfectly legal to walk around with an unloaded shotgun many people do. Caribbean people used to cause my nan distress and alarm when they walked past her front window! Should they all have been arrested?

 

You can walk around with an uncovered shotgun, not a good idea with out a reason and putting down may land you in trouble but not illegal it is illegal to walk round with a sub 12ft/lb air rifle or paintball gun, airsoft gun.

 

Well when a case comes to court, the judge will consider the wording of the law as written, if it is unclear or called into question, he will make a judgement based on his interpretation of the law and its overall intention. Usually this involves common sense, as one key tenant of law making is that a law should not be "absurd". The judge will then give a ratio decidendi (reason for deciding). Thats how judicial precedent (case law) is made. One example case off the top of my head would be Adler V. George [1964] 2QB 7. Had the law (The Official Secrets Act in this case) been applied verbatim, then the defendant (and in the future any member of the public by precedent) would have been allowed to wander around military bases at will, clearly not something the law was supposed to allow!

 

Also, I suppose I was trying to illustrate that just because one piece of legislation says you can do something, even if it is explicit, another piece of legislation may be introduced in court as the basis for either a prosecution or defence argument. Only a judge can really decide which laws are applicable to a particular case and also how they are applied.

 

Please understand, I was not trying to argue that carrying uncovered guns is wrong (or right), just that there is always an opposing argument, especially in law. Even a rule as simple as "Keep off the grass" is open to interpretation in legal terms.

 

So in my humble opinion, it is always best to be cautious and keep them covered when in certain places. Hence, using our common sense.

 

We're both on the same page I believe. :)

 

Edit: The CPS would initially decide under which law they wished to bring the case, if they decided to bring a case at all.

Edited by notsosureshot
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Also, you cannot shoot off a public footpath without good reason (he said shooting rabbits wasn't good reason).

I asked BASC all these questions before I went out shooting rabbits to check every bit of law I could. BASC are brilliant and answered my questions perfectly.

Where is this in law please? I would expect a footpath counts as a highway, and so you can shoot from it so long as you are not causing a problem to anyone else.

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All I can tell you is what I was told by the BASC . As I already advised, call BASC and confirm it because I could have forgotten a bit and just though, I will keep away from footpaths so's not to cause unnecessary confrontation anyway!

If someone does, please get back, although I only ever shoot clays I’m very curios: BASC Firearms dep - 01244 573010

I eagerly await any replies and hopefully we can stamp this out.

 

Either way I wouldn't shoot off one as it will only cause problems with walkers etc somewhere down the line. I had loads on my permission I just kept well away....

Edited by Spara Dritto
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There might not be a requirement to use a slip in that particular statute. However, if a shooter caused a member of the public "distress or alarm" by not using a slip, then I am sure there is other legislation which could become applicable.

 

As with anything, always best to err on the side of caution.

 

Rural people for example, may likely be far more relaxed seeing a "country gent" out with his SxS in a green lane than some city dweller in the center of Manchester who goes out for a morning Latte only to be confronted by someone openly carrying a gun and dressed head to toe in DPM.

 

Common sense must prevail.

 

I totally agree about using common sense etc.

However, there is another way to look at the legislation...rather than reading it as though the law doesn't require a gun to be covered, the flip side is that there is no extra protection for being covered. In either case it is still an offence to carry in public withouy good reason.

 

I would like to see an earlier version of the law. I suspect it used to say something along the lines of not being alowwed to carry uncovered in public without good reason. This is probably why so many people still refer to this requirement.

It has now been ammended to simply say in public without good reason. In other words the law has been tightened up. You are now not allowed to carry covered up anywhere that you can't carry uncovered.

 

Totally agree though that in practice you are much more likely to get attention if uncovered, and as you said if done in a city centre would probably be charged with additional offences as well.

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It always amazes me that some shooters never see the whole picture.

If by your actions or inactions you make anyone feel threatened by you having a gun in your possetion then you deserve all you get.

In my opinion no matter what the law says and I'm sure your at least guilty of assault, if this happens you should have your licence taken away.

Unless you are about to shoot it keep it in a slip at all times. And if your rough shooting keep the slip handy in case you come across anyone even if they are trespassing.

The none shooting public, including Mr and Mrs hiker don't understand broken barrels or bolts removed. They just see a gun.

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Don't forget to hide any game that you have shot in a Tesco bag incase that upsets anyone and fit a silencer to the gun incase the loud bangs frighten someone. Probably want to switch the gundog for a poodle so if your spotted by the ramblers they don't think your out shooting.

In fact you should take every step possible to hide the fact that your carrying out a lawful pursuit, your licenced andave permission to be there.

 

Harry

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It always amazes me that some shooters never see the whole picture.

If by your actions or inactions you make anyone feel threatened by you having a gun in your possetion then you deserve all you get.

In my opinion no matter what the law says and I'm sure your at least guilty of assault, if this happens you should have your licence taken away.

Unless you are about to shoot it keep it in a slip at all times. And if your rough shooting keep the slip handy in case you come across anyone even if they are trespassing.

The none shooting public, including Mr and Mrs hiker don't understand broken barrels or bolts removed. They just see a gun.

 

 

Do you by any chance have a FAC/SGC and do any work in the field?

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It's about using common sense.

If you are well out into the sticks and have to go near or on the odd footpath or scarcely used road then not having the gun in a slip is not likely to be a major problem, as chances are anybody seeing you will be local and won't be a stranger to guns.

 

If you are somewhere where a lot of people are (townies) then alarm can be caused when people see a gun, and sometimes it may be very wise to slip it where it may cause someone concern. Don't go round with this attitude of 'I'm allowed to be here on my permission so it doesn't matter if people see me and get worried or not, I'm doing nothing wrong'. It may be true, but it upsets people know nothing about guns and see someone in a field with a gun, they may panic and end up calling plod, which is hassle in itself.

People don't know what the gun is, what it can do or even that it's legal to have them sometimes, so don't scare them because you can't be bothered to use a little common sense.

Regarding carrying a slip, you can get slips which aren't padded at all and roll up very small to fit in your pocket so they can be carried without hassle on land and pulled out when needed.

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Why is it good practice to get into?

 

My personal opinion it simply removes the element of concern not seeing someone carry a gun openly, it also renders the gun safe i.e unloaded, its daft i know but it keeps the event low key and out of public view so to speak, I value and I mean seriously value the enjoyment gained from shooting, as far as I'm concerned slipping my gun takes 30 seconds and as such I am doing as much as I can to demonstrate the sport as a responsible pursuit.

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