Settle a debate

[JonathanL]

Look at the BASC link I posted.

 

I did. It doesn't quote the relevant legislation though.

 

J.

[JonathanL]

yes thanks why have you got a reason that the following doesn't apply?

 

The Wildlife and Countryside Act 1981 (WCA) and comply accordingly. Particular note should be made of the restriction imposed by Section 5, which makes it an offence to use an automatic or semi-automatic weapon which has a magazine capacity of more than two rounds, to kill any wild bird. The definition also encompasses Section 1 (Firearms Act 1968 as amended) pump-action and semiautomatic shotguns, and any rifles whether bolt-action, pump-action or semiautomatic, with such magazines, including air weapons. However, a person will not be guilty of this offence if they have obtained a specific licence for themselves from the Department for Environment, Food and Rural Affairs (DEFRA) - 0845 601 4523 (general enquiries). Any person committing this offence may also commit an offence of failing to comply with the conditions of his/her firearm certificate if he/she is only authorised for vermin control.

 

No. Just asking where the point came from.

 

J.

[JonathanL]

Section 5 is here.

 

http://www.legislation.gov.uk/ukpga/1981/69/section/5

 

So, it's actually more stringent than people have stated here. It's irrelevant whether the gun is restricted to 2 rounds in the magazine. The Act clearly says that the use of any automatic or semi-automatic gun is prohibited.

 

J.

[woodcock1]

I am unable to find the legal definition of semi automatic weapon at the minute but as far as I remember it relates only to weapons with a magazine capacity of more than two rounds.

[JonathanL]

I am unable to find the legal definition of semi automatic weapon at the minute but as far as I remember it relates only to weapons with a magazine capacity of more than two rounds.

 

No, it relates to what it says it relates to - semi-automatic weapons. Unless there is something in the interpretation part of that Act which says differently. that is. Hence, even if it has a one round magazine, it's illegal to use for that purpose.

 

 

Edit: Which it does,

 

"27 (1) automatic weapon” and “semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;..."

 

J.

Edited November 29, 2012 by JonathanL

[woodcock1]

You have just contradicted yourself with your quote. " semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;..."

 

In laymans terms " doesnt include any weapon with a magazine not capable of holding more than two rounds."

Edited November 29, 2012 by woodcock1

[JonathanL]

You have just contradicted yourself with your quote. " semi-automatic weapon” do not include any weapon the magazine of which is incapable of holding more than two rounds;..."

 

In laymans terms " doesnt include any weapon with a magazine not capable of holding more than two rounds."

 

Yes, it means that the definition of 'semi-automatic' used in the Act excludes semi-auto's which can only hold two rounds or less in their magazines.

 

So; semi-autos are illegal to take game birds with. However, a semi-auto is only a semi-auto for the purpose of part 1 of the WCA'81 if it is capable of holding no more than two rounds in its magazine. Hence, you can use a sec.2 semi-auto quite legally for this purpose.

 

J.

Edited November 29, 2012 by JonathanL

[brian28]

http://www.bbc.co.uk/comedy/clips/p00hhjgd/only_fools_and_horses_del_goes_shooting/

[Scully]

The Wildlife and Countryside Act 1981 (WCA) and comply accordingly. Particular note should be made of the restriction imposed by Section 5, which makes it an offence to use an automatic or semi-automatic weapon which has a magazine capacity of more than two rounds, to kill any wild bird. The definition also encompasses Section 1 (Firearms Act 1968 as amended) pump-action and semiautomatic shotguns, and any rifles whether bolt-action, pump-action or semiautomatic, with such magazines, including air weapons. However, a person will not be guilty of this offence if they have obtained a specific licence for themselves from the Department for Environment, Food and Rural Affairs (DEFRA) - 0845 601 4523 (general enquiries). Any person committing this offence may also commit an offence of failing to comply with the conditions of his/her firearm certificate if he/she is only authorised for vermin control.

Are pheasants classed as 'wild'?

When applying for my second Section 1 shotgun I was initially turned down when I stated my 'good reason' as pest control.Was told by my FEO to re-apply and quote the 'Wildlife and Countryside Act 1981' as my good reason.I did,and was granted it.The above would appear to imply the WCA isn't in fact 'good reason'! Or have I read it wrong?

[JonathanL]

Are pheasants classed as 'wild'?

When applying for my second Section 1 shotgun I was initially turned down when I stated my 'good reason' as pest control.Was told by my FEO to re-apply and quote the 'Wildlife and Countryside Act 1981' as my good reason.I did,and was granted it.The above would appear to imply the WCA isn't in fact 'good reason'! Or have I read it wrong?

 

Click on the link to section 5 that I posted. I think it defines pheasant as a wild bird which would make it illegal to use a semi-auto which holds more than two round in its magazine to use one to shoot them.

 

J.

[CharlieT]

Are pheasants classed as 'wild'?

When applying for my second Section 1 shotgun I was initially turned down when I stated my 'good reason' as pest control.Was told by my FEO to re-apply and quote the 'Wildlife and Countryside Act 1981' as my good reason.I did,and was granted it.The above would appear to imply the WCA isn't in fact 'good reason'! Or have I read it wrong?

 

Pheasants become wild once they are out of the release pen.