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Advice Please


indio
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I was wondering if someone can answer a question regarding shooting close to a road.

 

The permission I have has 7/8 oak trees on it just on the edge of a B road but which are in the permitted field.

They are about 3 yards from the edge of the road.

These trees are like a motorway service station to the pigeons at the moment as they fly from them to the field and back again after feeding on the far side of said field.

It's not possible to set up in the ground area in the field where they are feeding as it is next to cover crops that have been planted for pheasants and it is "out of bounds " until the pheasant season finishes.

 

So the question is can I shoot from almost under these trees into the field ( there is an area of cover about 5/6 yards in front of them where you could build a hide of some sort) as the birds go to and fro . Obviously shots would be at birds coming from the field towards the trees so NOT towards the road and away from the trees as they return to feed.

 

All advice /comments gratefully received even the rude ones!

 

kind regards

.

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In this case you need to be 50ft from the centre of the road.

You can debate " lawful authority" and "reasonable excuse" as long as you wish.

Also, "user of the carriageway is injured,interrupted or endangered".

Stick to the 50ft rule , its easiest. :)

 

Full extract from the BASC website:

 

"In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a

‘highway’ is restricted to a public right of way for the passage of vehicles and does

not include footpaths, cycle tracks or bridleways. Therefore the fifty feet rule

described above does not apply to rights of ways that cross private lands e.g.

footpaths "

 

I would move into the field in front of the trees until I was 50ft from the centre of the road and then set up my hide, shooting with my back to the road.

The birds will not mind too much.

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So are you talking about shooting from the field and across the B road at pigeons in flight which are flying to and from land you have permission on?

 

Thanks for your response Nick. No not across the road but shooting with my back to the road into the field.

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In this case you need to be 50ft from the centre of the road.

You can debate " lawful authority" and "reasonable excuse" as long as you wish.

Also, "user of the carriageway is injured,interrupted or endangered".

Stick to the 50ft rule , its easiest. :)

 

Full extract from the BASC website:

 

"In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a

‘highway’ is restricted to a public right of way for the passage of vehicles and does

not include footpaths, cycle tracks or bridleways. Therefore the fifty feet rule

described above does not apply to rights of ways that cross private lands e.g.

footpaths "

 

I would move into the field in front of the trees until I was 50ft from the centre of the road and then set up my hide, shooting with my back to the road.

The birds will not mind too much

 

In this case you need to be 50ft from the centre of the road.

You can debate " lawful authority" and "reasonable excuse" as long as you wish.

Also, "user of the carriageway is injured,interrupted or endangered".

Stick to the 50ft rule , its easiest. :)

 

Full extract from the BASC website:

 

"In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a

‘highway’ is restricted to a public right of way for the passage of vehicles and does

not include footpaths, cycle tracks or bridleways. Therefore the fifty feet rule

described above does not apply to rights of ways that cross private lands e.g.

footpaths "

 

I would move into the field in front of the trees until I was 50ft from the centre of the road and then set up my hide, shooting with my back to the road.

The birds will not mind too much.

 

Ok Thanks for you help and advice.

 

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Just make a field hide in front of the trees, make sure it is sited 20-30 yds from the road and so you can shoot away from it!

Sit tight and off you go.

 

TEH

Fortunately the field drops away from the road so there is a bank overgrown with nettles and brambles that would "hide the hide" so to speak.

 

thanks for your response

I agree with the Essex Hunter, ensure you have good back cover, you may need to put a lid on the back third of the hide to give cover from above

 

thanks for the tip

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In this case you need to be 50ft from the centre of the road.

You can debate " lawful authority" and "reasonable excuse" as long as you wish.

Also, "user of the carriageway is injured,interrupted or endangered".

Stick to the 50ft rule , its easiest. :)

 

Full extract from the BASC website:

 

"In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a

‘highway’ is restricted to a public right of way for the passage of vehicles and does

not include footpaths, cycle tracks or bridleways. Therefore the fifty feet rule

described above does not apply to rights of ways that cross private lands e.g.

footpaths "

 

I would move into the field in front of the trees until I was 50ft from the centre of the road and then set up my hide, shooting with my back to the road.

The birds will not mind too much.

 

Thanks for your response and advice.

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If it was me 15yds away from the rd and keep your back to the road and never swing 45*eachway should be no problems....

 

Thanks for the response. I would be shooting on a coming toward/going away basis with limited side swing either side as you rightly suggest so as not to be caught up in any stupid and dangerous practice.

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I have a cpl of places that are next to roads and I dont shoot them.

I also have a few fields behind some houses that have had geese on for the past month, I don't shoot there because some one from the houses are bound to complain:

 

1: its not worth the risk for a few pigeons

2: its not worth getting into any problems and risking my licence for a few birds

 

If you are asking the question you are unsure, so just sit back and have a think about it, is it safe.

If you are unsure don't shoot the field in question

Edited by Actionpigeons
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I have a cpl of places that are next to roads and I dont shoot them.

I also have a few fields behind some houses that have had geese on for the past month, I don't shoot there because some one from the houses are bound to complain:

 

1: its not worth the risk for a few pigeons

2: its not worth getting into any problems and risking my licence for a few birds

 

If you are asking the question you are unsure, so just sit back and have a think about it, is it safe.

If you are unsure don't shoot the field in question

Thanks for your advice. The place would be safe enough as I would be with back to the road but I take your point about is it worth it for a few pigeons.

It's the interfering "annies" passing by that might be the problem as some others have mentioned.

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  • 2 weeks later...

Use. Common sense ,I have fields that are similar to this and are covered in birds on the rape but I wouldn't shoot them .you can guarantee someone will complain or report you.then this gives the farmer unwanted grief either from the police or neighbours.not only that imagine someone walking past or a horse rider no need to explain what comes next.my advise leave it mate.

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Use. Common sense ,I have fields that are similar to this and are covered in birds on the rape but I wouldn't shoot them .you can guarantee someone will complain or report you.then this gives the farmer unwanted grief either from the police or neighbours.not only that imagine someone walking past or a horse rider no need to explain what comes next.my advise leave it mate.

Thanks for your response. In general, there are hardly any walkers on this particular road but I take your point. As far as horses go, I never fire when any are even remotely close because as you say the result could be catastrophic and that's the last thing any of us would want I'm sure.

 

kind regards

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If you do shoot the field it might be an idea to put in posts either side of the hide which you can see so that you do not swing further than "safe" angles so that you do not, in your enthusiasm, fire in a direction that could come close to the road.

Thanks for your response. I would have a bank behind me between me and the road and I thought I could use the hide poles as "swing restrictors" ie so I could only fire say 45 degrees to left or right of directly in front of me. That would curb any chance of me getting over excited and swinging to close to the line of the road.

 

kind regards

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