njc110381 Posted April 11, 2012 Report Share Posted April 11, 2012 Hey guys. I need some advice from those who have more of a legal eye than I do. I understand the basics of the general license and know that I can't just shoot Pigeons because they're annoying, but they are eating stuff and costing money commercially. To sum it up I'm a pro gardener and I grow plants from seed to sell on to customers. The Pigs are getting on them and messing them up! So can they be shot as a commercial pest or just agricultural? I can easily show evidence that they're damaging my income, but I'm not a farmer. :look: Quote Link to comment Share on other sites More sharing options...
lewj Posted April 11, 2012 Report Share Posted April 11, 2012 (edited) try scaring them away if possible first . then if it was me i would get my self a nice quite air rifle and sit back where no neighbours could see me and shoot them making sure no pellets left my properties boundary. and i wasnt within 50 feet to a plublic highway just to be on the safe side quote from basc In particular, care should be taken when siting Guns near roads. Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered. hope this helps your decision lewj Edited April 11, 2012 by lewj Quote Link to comment Share on other sites More sharing options...
fenboy Posted April 11, 2012 Report Share Posted April 11, 2012 I would guess that you would be perfectly ok to shoot them from a legal point if they are costing you money and doing damage , but you are suppose to try scaring first , but as we all know it does not work for long ! Quote Link to comment Share on other sites More sharing options...
Sharpshooter.123 Posted April 11, 2012 Report Share Posted April 11, 2012 (edited) Long? Since when has scaring ever worked?? Never when I was in the job or fields! Bird scarers would go off and pigeons would sit around them still doing there business!!! Get amongst it, technically it's still pest control mate EDIT: lewj he can discharge a firearm as he is going about his pest control, and something can only be done about it if he disrupts a member of the public using that road. Edited April 12, 2012 by Sharpshooter.123 Quote Link to comment Share on other sites More sharing options...
Beretta28g Posted April 11, 2012 Report Share Posted April 11, 2012 Will we be reading the topic Pigeon meets .338 Win Mag? Quote Link to comment Share on other sites More sharing options...
yankeedoodlepigeon Posted April 11, 2012 Report Share Posted April 11, 2012 I am sure the 7mm08 will be enough Quote Link to comment Share on other sites More sharing options...
Blunderbuss Posted April 11, 2012 Report Share Posted April 11, 2012 I think you'd be OK Neil, but might be worth e-mailing BASC and keeping a copy of the reply. I thought your neighbours were quite understanding and used to the odd .410 discharge in the back garden? Quote Link to comment Share on other sites More sharing options...
guest1957 Posted April 11, 2012 Report Share Posted April 11, 2012 There is nothing in the GL that requires the crops that are being protected to be commercial, so provided you have taken steps to scare them off pop away if the shots are safe. Quote Link to comment Share on other sites More sharing options...
Piebob Posted April 11, 2012 Report Share Posted April 11, 2012 Please stop with this supposed need to have tried to scare them off first - there is no such requirement. Quote Link to comment Share on other sites More sharing options...
turbo33 Posted April 11, 2012 Report Share Posted April 11, 2012 Get on them just make sure you don't enjoy it as its not allowed to be for sport Quote Link to comment Share on other sites More sharing options...
Bleeh Posted April 11, 2012 Report Share Posted April 11, 2012 Long story short. If someone wanted to take you to court, and the police for some bizarre reason agreed, they could, and at that point it would be up to the judge to determine if you are shooting pigeons legally, there is no straight answer as this has never been tested to my knowledge. Would anyone bother? probably not. Quote Link to comment Share on other sites More sharing options...
bedwards1966 Posted April 11, 2012 Report Share Posted April 11, 2012 (edited) I can't see why you wouldn't be allowed to shoot them, I think it'd be fine to call your plants 'crops', and they need protecting. The only thing I'd worry about apart from safety is who might see you - you don't want to risk either a nasty or simply uneducated neighbour or passer by phoning the police about a gunman shooting out of the window with a sniper rifle, resulting in a visit from the armed response unit - these things can happen. Sounds like a job an air rifle might be useful for. Edited April 11, 2012 by bedwards1966 Quote Link to comment Share on other sites More sharing options...
Blackstone Posted April 11, 2012 Report Share Posted April 11, 2012 Please stop with this supposed need to have tried to scare them off first - there is no such requirement. Au contraire: taken from the English general licence: 3. In respect to the species listed at paragraph 2(i)(a) above, this licence can only be relied on incircumstances where the authorised person is satisfied that appropriate legal methods of resolving the problem such as scaring and proofing are either ineffective or impracticable (see note o). Quote Link to comment Share on other sites More sharing options...
malkiserow Posted April 11, 2012 Report Share Posted April 11, 2012 just use a cage trap. I got one for my old Ma, she uses it to good effect. Veg protected and has some nice fresh meat! Quote Link to comment Share on other sites More sharing options...
njc110381 Posted April 11, 2012 Author Report Share Posted April 11, 2012 Reason for asking was that there was a fella got well and truly nailed last year for doing just what I want to do. Mind you he shot them "because they were annoying him" or something along those lines! Neighbours are fine. I have a point more than 50 feet from the centre of the road that I can take a shot from and with a safe backstop. As far as I'm aware shotgun pellets don't count in the boundary law, only bullets and air rifle pellets? Although living where I do common sense must be used. I generally use my .410 hush in the garden because it's quieter than the air rifle! I guess with an open ticket I could use the .338 but there's no way I would. It would make the windows rattle and I've got to save my ammo for the Moles. Quote Link to comment Share on other sites More sharing options...
Blunderbuss Posted April 11, 2012 Report Share Posted April 11, 2012 The fella you were in about didn't have a clue about the general licence and pleaded guilty. BASC and others thought he had a very good chance of acquittal if he'd taken advice. Boundary rule applies to shotgun pellets as well as bullets and air rifle pellets. Re .338, Phil tells me ants are on the quarry list now? Quote Link to comment Share on other sites More sharing options...
malkiserow Posted April 11, 2012 Report Share Posted April 11, 2012 quote name='Blunderbuss' timestamp='1334183459' post='1751236'] The fella you were in about didn't have a clue about the general licence and pleaded guilty. BASC and others thought he had a very good chance of acquittal if he'd taken advice. Boundary rule applies to shotgun pellets as well as bullets and air rifle pellets. Re .338, Phil tells me ants are on the quarry list now? is there an "i" missing? Quote Link to comment Share on other sites More sharing options...
Blackstone Posted April 11, 2012 Report Share Posted April 11, 2012 I'm sure the shockwave of a .338 going off will give nearby ants a good scare as well Quote Link to comment Share on other sites More sharing options...
dan-250 Posted April 12, 2012 Report Share Posted April 12, 2012 Put some spinny CDs up , as then you've done 1 method if it doesnt work I understand you can then shoot. I have them near my veg patch, and if pigeons are near them, and eating my strawberries and bean tops, like they dod last year, they get a pellet in the noggin. Your within the law if you are protecting your living or produce. That is my understanding anyway. Can't be shot just for sport, has to be crop prtection, pest control, or Human health hazards. Quote Link to comment Share on other sites More sharing options...
bedwards1966 Posted April 12, 2012 Report Share Posted April 12, 2012 As AngryHan posted earlier: 3. In respect to the species listed at paragraph 2(i)(a) above, this licence can only be relied on incircumstances where the authorised person is satisfied that appropriate legal methods of resolving the problem such as scaring and proofing are either ineffective or impracticable (see note o) It doesn't actually say you have to try other methods of control, simply that you have to be satisfied that they won't work or are impractical. You might know they won't work because nobody else has ever had them work in your situation before, or you tried it once without success 10 years ago etc. Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted April 12, 2012 Report Share Posted April 12, 2012 I've just grass-seeded patches of my lawn where I cleared some overhanging borders. Some lovely fat potential kebabs are pecking on them right now. Quote Link to comment Share on other sites More sharing options...
Piebob Posted April 12, 2012 Report Share Posted April 12, 2012 It doesn't actually say you have to try other methods of control, simply that you have to be satisfied that they won't work or are impractical. Correct! Quote Link to comment Share on other sites More sharing options...
guest1957 Posted April 12, 2012 Report Share Posted April 12, 2012 Correct! And applying some simple logic what is the way you would satisfy a court that this is the case? By trying them... Quote Link to comment Share on other sites More sharing options...
Blackstone Posted April 12, 2012 Report Share Posted April 12, 2012 Just claim you've tried to scare them away. Maybe get a stick and tie a plastic bag around it, plant it in your garden and that's your "scaring" tactic. Quote Link to comment Share on other sites More sharing options...
bobt Posted April 12, 2012 Report Share Posted April 12, 2012 I just counted 12 pigeons on our garden. they are eating the clover in the grass, how do I encourage them? Quote Link to comment Share on other sites More sharing options...
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