Bridleway and Rifles

[apache]

Footpaths and bridalways are owned by the landowner eitherside of the paths. They are not public places but the public have rights of way over them. two very different things.

 

Sadly not. You car is a public place, believe it or not. That is why you cannot have a fixed blade knife in there.

 

Jonathan - what law prohibits shot/bullets leaving an area you have permission to shoot. I understood it to be constructive trespass and a civil rather than legal issue.

[JonathanL]

Footpaths and bridalways are owned by the landowner eitherside of the paths. They are not public places but the public have rights of way over them. two very different things.

 

It's a public place.

 

57(4) “public place” includes any [F11highway][F11road within the meaning of the Roads (Scotland) Act 1984)] and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise;

 

The public are permitted access. Even if they weren't permitted access a field is still a public place if the pubic have physical access.

 

J.

Edited September 17, 2012 by JonathanL

[JonathanL]

Sadly not. You car is a public place, believe it or not. That is why you cannot have a fixed blade knife in there.

 

Jonathan - what law prohibits shot/bullets leaving an area you have permission to shoot. I understood it to be constructive trespass and a civil rather than legal issue.

 

You may be right. There is an offence of firing an air weapon beyond premises. Perhaps there isn't one relating to other firearms - I was always under the impression that there was.

 

J.

[crosshair]

A Public footpath or Bridleway do have public access, but the land is owned by the farmer.

And yes, you can shoot on, or over it.

Get used to it.

[CharlieT]

You may be right. There is an offence of firing an air weapon beyond premises. Perhaps there isn't one relating to other firearms - I was always under the impression that there was.

 

J.

 

With Firearms it's a civil matter and airguns it's a criminal offence.

 

C

[Tam]

You can of course shoot from a public Highway in "Gods Country" provided you have shooting rights on each side of the road ................. as long as you do not cause distress or alarm :yes:

[Blunderbuss]

 

 

That is out of date. It is now an offence to cause shot or a bullet to fall outside the land over which you have permissiont to shoot.

Really? BASC are wrong then, as that is taken straight from their website. Not impossible I suppose, but do you have a reference for which criminal law (not trespass) being broken?

 

Edit: just seen your retraction above

Edited September 17, 2012 by Blunderbuss

[Robl]

I would suggest that common sense would come into play in a lot of these questions.

 

There’s a big difference between a bit of shot falling onto on adjacent farmers field Vs some kids shooting an air rifle through a hedge and plinking off next doors flowepots.

There’s a difference between shooting over a quite bridle way when it’s quite Vs shooting round a busy ramblers right of way in the middle of rambling season.

 

The laws are (in general) put in place to protect those who need protecting.

Edited September 18, 2012 by Robl

[arjimlad]

The offence of allowing shot to land outside of the boundaries relates only to airguns.

[CharlieT]

I would suggest that common sense would come into play in a lot of these questions.

 

There’s a big difference between a bit of shot falling onto on adjacent farmers field Vs some kids shooting an air rifle through a hedge and plinking off next doors flowepots.

There’s a difference between shooting over a quite bridle way when it’s quite Vs shooting round a busy ramblers right of way in the middle of rambling season.

 

The laws are (in general) put in place to protect those who need protecting.

 

That's all a bit obvious. However, it's what the law says that matters and it's the law that defines the answer to the OP's question. Common sense will not make an illegal act legal.

[Robl]

The offence of allowing shot to land outside of the boundaries relates only to airguns.

 

I thought it covered shotguns and rifles too.

Although it might be worded somewhat differently.

[Kes]

Interesting and says a lot with so much confusion/difference of opinion from experienced shooters.

I always take the view that ANY public path (including Boats (Rupps as they used to be) bridleways and footpaths)is a highway and therefore a 'public' place and you can shoot within the requisite distance of the centreline provided you do not cause distress or alarm etc I take that view because its a safe view. It is also a reasonable view to those who walk.

A private path you would shoot from, over etc provided always that you had permission. A permissive path is a different beast but is still a public path and a public place (IMHO).

 

Gods country may therefore reasonably be considered to stretch to the White Cliffs (see Tam above)

[JonathanL]

Interesting and says a lot with so much confusion/difference of opinion from experienced shooters.

I always take the view that ANY public path (including Boats (Rupps as they used to be) bridleways and footpaths)is a highway and therefore a 'public' place and you can shoot within the requisite distance of the centreline provided you do not cause distress or alarm etc I take that view because its a safe view. It is also a reasonable view to those who walk.

A private path you would shoot from, over etc provided always that you had permission. A permissive path is a different beast but is still a public path and a public place (IMHO).

 

Gods country may therefore reasonably be considered to stretch to the White Cliffs (see Tam above)

 

A sensible approach but not quite right, legally speaking. The 50ft rule only applies to highways incoropotaing a carriageway and foot paths and bridleways do not.

 

Somewhere is not a 'public place' simply because the public are allowed access or because it's publicly owned. Any place to which the public actually have physical access is a public place for the purposes for the firearms act, even if the public don't actually have permission.

 

J.

[wymberley]

A sensible approach but not quite right, legally speaking. The 50ft rule only applies to highways incoropotaing a carriageway and foot paths and bridleways do not.

 

Somewhere is not a 'public place' simply because the public are allowed access or because it's publicly owned. Any place to which the public actually have physical access is a public place for the purposes for the firearms act, even if the public don't actually have permission.

 

J.

 

If you peruse the post to which you refer, I think you'll realise that the author is fully aware of the nitty gritty detail and has deliberately chosen to ignore it and has instead set his own standard which is in excess of any legal requirement.

 

Edit: Sorry distracted by the 'phone. Meant to add that perhaps, "plus 12 miles after the word, 'cliffs' would have been good.

Edited September 18, 2012 by wymberley