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Quick legal question?


-kev-
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Is it ok for someone to shoot with me on my permissions and borrow a gun, if they dont have section 2 licence them selves? He would be in the same hide as me and i will be transporting the guns to and from the fields. The farmer is ok with me bringing people on with me just wanted to check if its legal or not. Thanks in advance :good:

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Only the "occupier" can lend a sect 2 gun without an 11(6) exemption.

 

As for signing to say you let anyone else use your gun then thats odd, but like the "Ian Coley" instructor clause the police seem to be making it up as they go along...........

Edited by HDAV
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You must have permission from the land owner for your mate to shoot with you . You can then act as the landowners agent and supervise your mate shooting . I have done it many times over the years with rifle and shotgun . The guns that you use with this arrangement with the land owner can then be classed as estate guns .Harnser .

Edited by Harnser
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Another similar question, can you take someone clay shooting who has not got a SGC and let them use your shotgun under your supervision?

 

 

I did Sunday but they had to sign a declaration to say they're not prohibited under such and such! and the Clay ground has to hold some sort of exemption from the police

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If you are carrying out pest control at the landowners request you are acting as his agent and you can supervise someone with one of your guns on that basis. Do not phone your police firearms dept they will tell you the "law" as they want it to be phone SACS / Basc etc they will tell you how you should proceed. PM me if you want and I will explain it. The document they got that chap to sign is a here sign this and dont ask questions :lol: document. They do'nt have one of those with my signature on it :no: .

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If you are carrying out pest control at the landowners request you are acting as his agent and you can supervise someone with one of your guns on that basis. Do not phone your police firearms dept they will tell you the "law" as they want it to be phone SACS / Basc etc they will tell you how you should proceed. PM me if you want and I will explain it. The document they got that chap to sign is a here sign this and dont ask questions :lol: document. They do'nt have one of those with my signature on it :no: .

 

Hi it is pest control mainly pigeon, the other thing i forgot to add is that some of the land i shoot on is only rented from other farmers, but he has Oked it with them. Does this change anything?

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It has to be said that this thread is a prime example of the reason that you should never ask a legal question on an internet forum.

 

+1. You would be better, IMHO, to get to know the law yourself, and yes I know this may not be "easy", but it won't do you any harm!! words on paper won't hurt you etc...

 

If you are in a shooting organisation, then take their advice! If you aren't, then join one!

 

ATB

 

Sim

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Iced Tiger -A section 11(6) exemption certificate allows non certificate holders to shoot shotguns at a clay ground or game fair - most grounds will have this and a simple telephone call to a ground should confirm if that is the case. there's Its normal In addition many grounds may want to insist on formal lessons/instruction or accompamyment by their staff for non cert holders (rather than letting you train your friend) but that is a matter for of health & safety/buisness policy of the ground itself. People who are prohibited from shooting ( ex prisoners etc ) are not allowed to shoot under this exemption -so many grounds to cover their ***** will insist on non cert holders signing a declaration that they are not prohibited from handling firearms.

 

With regard to the OP's question about a section 11(5) exemption- you can be seen to be the ocupier of the land for the purposes of the act if you have formal shooting rights to the land in question. and under this exemption your friend could borrow your gun under your supervision.

 

I would be inclined to suggest that you doulble check the farmer is happy with you taking someone else on your permission- some farmers may take exception to this - you dont want to loose your permission and in law your friend may be seen to be comitting armed trespass if he is there without the landowners permission?

 

Personally though i would suggest you phone your shooting organisation to check the advice that we are all spouting and to check if you are insured for your friends outing with you.

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it is legal providing he is with a sgc holder at all times he can even be in a different hide as long as he is in sight and hearshot of you and has permission,,i,m in the same boat with my shooting buddy as i wait for my sgc to come through,,i have checked this to be safe myself,,but you must have the permission off the landowner and i quote he must be accompanied by a sgc holder at all times,,good luck with ya shooting :good:

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it is legal providing he is with a sgc holder at all times he can even be in a different hide as long as he is in sight and hearshot of you and has permission,,i,m in the same boat with my shooting buddy as i wait for my sgc to come through,,i have checked this to be safe myself,,but you must have the permission off the landowner and i quote he must be accompanied by a sgc holder at all times,,good luck with ya shooting :good:

 

The OP asked a question and although he has said he is not going to risk it, another OP may just have acted on your answer as it appears quite categoric.

 

Are you sure your answer is correct?

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it is legal providing he is with a sgc holder at all times he can even be in a different hide as long as he is in sight and hearshot of you and has permission,,i,m in the same boat with my shooting buddy as i wait for my sgc to come through,,i have checked this to be safe myself,,but you must have the permission off the landowner and i quote he must be accompanied by a sgc holder at all times,,good luck with ya shooting :good:

this is true as i used to shoot this way when i went with my dad before haveing a licence

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No one knows what the definition of occupier is for the purposes of the Act because no one has been to court to test the law; as a result there is no categoric answer

Yep.

The answer to which I referred appeared to be giving a reply more associated with a firearm than shotgun; it being "easier" to borrow a firearm than a shotgun.

Although as yet the specifics of the term "occupier" are untried, you can bet your boots they would be a tad more stringent than relating to Joe Bloggs who has permission to shoot pigeon.

 

Edit: Typo

Edited by wymberley
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