Savhmr Posted March 2, 2016 Report Share Posted March 2, 2016 Unfortunately courts may side with what an FLO says.......If in his opinion, 'it was incorrect use of a firearm etc etc.....' Much the same as a police officer's opinion on a person's driving. I doubt it, if in doing so, the person shooting did not interrupt, endanger or injure anyone. The law works on facts of Statute and case precedence, not on opinions of the FEO. Evidence would have to accompany any opinion in order for a judgement against an individual, not heresay. In general, it is not wise to invite trouble by shooting too close to a public highway. This, confusingly, does not apply to public rights of way, just highways used by vehicles (as defined under Section 161 of the Highways Act). It is an offence to carry a loaded firearm in a public place which is defined as anywhere that the public have right of access either paid or otherwise, so this could cover a public footpath and technically, I guess you could argue that you should unload a gun or rifle before entering or crossing a public right of way. I wonder how many do though? Quote Link to comment Share on other sites More sharing options...
CharlieT Posted March 2, 2016 Report Share Posted March 2, 2016 It is an offence to carry a loaded firearm in a public place which is defined as anywhere that the public have right of access either paid or otherwise, so this could cover a public footpath and technically, I guess you could argue that you should unload a gun or rifle before entering or crossing a public right of way. I wonder how many do though? However, as the firearms act specifically states "A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place" I would suggest that my reasonable excuse was the fact that the footpath belonged to me/my farmer friend, that I had lawful authority to shoot there and that I had not hindered or caused distress to a member of the public using it. Quote Link to comment Share on other sites More sharing options...
robbiep Posted March 2, 2016 Report Share Posted March 2, 2016 As CharlieT says, it is not an offence to have with you a loaded firearm (of any sort) on a public right of way, etc. as long as you have lawful authority and a 'reasonable excuse' for having such. Else deerstalking on what is now 'access land' would be illegal. As would pest control on a golf course, almost all wildfowling, etc, etc. Quote Link to comment Share on other sites More sharing options...
Savhmr Posted March 2, 2016 Report Share Posted March 2, 2016 Yes, absolutely true. Quote Link to comment Share on other sites More sharing options...
mossy835 Posted March 2, 2016 Report Share Posted March 2, 2016 If you go down to bisley on the end of the 600 yard range you will have to careful that you don't get run over from the cars on the road . I think you have to be at least 50 feet from the centre of a highway or by way and not causing fear or worry to highway users . Harnser as above Quote Link to comment Share on other sites More sharing options...
OffAim Posted March 2, 2016 Report Share Posted March 2, 2016 (edited) The legislation if read correctly actually permits a firearm to be discharged actually on the Highway, on the centreline if you so wish; provided it does not interfere / proper authority etc etc etc.............that is assuming the Highways Authority have given permission to shoot on their property, which they won't have. How it relates to having a gun uncovered in a Public Area is difficult to define IMO. To be safe from prosecution even if it does interfere / frighten the progress of persons (etc etc) it must be discharged 50 feet from the centreline away from the road) I was only originally pointing out that some FLOs do not know the law or interpret the guidlines correctly. The particular one I quoted was from personal experience..........He told me that if I was on my driveway (which is inside the 50 feet distance) with a gun not in a slip, he would confiscate it (the gun, not the driveway). I gave up the argument........it was pointless drawing his attention to the law..................And I just comply with his view. Edited March 2, 2016 by OffAim Quote Link to comment Share on other sites More sharing options...
Scully Posted March 2, 2016 Report Share Posted March 2, 2016 I can't understand why some people insist on making things as difficult as possible for themselves by creating all manner of scenarios by which to prove a point. The legislation regarding this is well defined and not really open to interpretation by FEO's. The advantages of having shooting ex-coppers in your syndicate is that they generally know their stuff. Several of our pegs are very close to public highways. There has never been a problem. Quote Link to comment Share on other sites More sharing options...
Savhmr Posted March 2, 2016 Report Share Posted March 2, 2016 The legislation if read correctly actually permits a firearm to be discharged actually on the Highway, on the centreline if you so wish; provided it does not interfere / proper authority etc etc etc.............that is assuming the Highways Authority have given permission to shoot on their property, which they won't have. How it relates to having a gun uncovered in a Public Area is difficult to define IMO. To be safe from prosecution even if it does interfere / frighten the progress of persons (etc etc) it must be discharged 50 feet from the centreline away from the road) I was only originally pointing out that some FLOs do not know the law or interpret the guidlines correctly. The particular one I quoted was from personal experience..........He told me that if I was on my driveway (which is inside the 50 feet distance) with a gun not in a slip, he would confiscate it (the gun, not the driveway). I gave up the argument........it was pointless drawing his attention to the law..................And I just comply with his view. In which case he'd be in the wrong and you'd get your gun back pretty quickly with a phone call to the Chief Constable's office. Quote Link to comment Share on other sites More sharing options...
DaveyTed Posted March 2, 2016 Report Share Posted March 2, 2016 In which case he'd be in the wrong and you'd get your gun back pretty quickly with a phone call to the Chief Constable's office. Correct answer. It seems to be a common misconception that a gun has to be covered in a public place. Common sense yes but legal - no. Quote Link to comment Share on other sites More sharing options...
Westley Posted March 2, 2016 Report Share Posted March 2, 2016 Unfortunately courts may side with what an FLO says.......If in his opinion, 'it was incorrect use of a firearm etc etc.....' Much the same as a police officer's opinion on a person's driving. The difference being that any Police Officer who is a Police Driver, has been highly trained beforehand. Most, if not ALL F.L.O's receive very little training or none at all and as such make things up as they go along. A little knowledge is usually dangerous ! Quote Link to comment Share on other sites More sharing options...
14Supersport04 Posted March 2, 2016 Report Share Posted March 2, 2016 I was told it was 50yards from the centre of the road although on a couple of drives on our shoot the the higher numbered guns may be less than 30 yards away. If you follow the law and be safe you will be fine. Atb supersport. Quote Link to comment Share on other sites More sharing options...
Redgum Posted March 2, 2016 Report Share Posted March 2, 2016 There was a case a few years back when a young chap had his guns taken off him for being to close to a highway, he was represented by BASC and he had his guns returned and BASC was pushing for an apology, pretty sure that's how it went, but the fact was that legally you can shoot with your back to the road as long as you have permission from the landowner and you don't scare the **** out of road users. Quote Link to comment Share on other sites More sharing options...
snow white Posted March 2, 2016 Report Share Posted March 2, 2016 It's fifty feet from the road. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted March 2, 2016 Report Share Posted March 2, 2016 It's fifty feet from the road. It`s not. Quote Link to comment Share on other sites More sharing options...
E.w. Posted March 2, 2016 Report Share Posted March 2, 2016 It`s not. Your a stickler for detail. Quote Link to comment Share on other sites More sharing options...
snow white Posted March 2, 2016 Report Share Posted March 2, 2016 It is. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted March 2, 2016 Report Share Posted March 2, 2016 (edited) Your`re a stickler for detail. Indeed I am. That`s why I posted the correct information in post No.4 of this thread. Edited March 2, 2016 by Danger-Mouse Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted March 2, 2016 Report Share Posted March 2, 2016 It is. It`s not! Shooting near highways (roads and carriageways) In England & Wales using a firearm near a highway is not prohibited – but it is an offence without lawful authority or reasonable excuse to discharge any firearm within fifty feet of the centre of a highway/carriageway IF in consequence a user of the carriageway is injured, interrupted or endangered. Quote Link to comment Share on other sites More sharing options...
E.w. Posted March 2, 2016 Report Share Posted March 2, 2016 I know my friend it's just that some people have trouble taking it in. Indeed I am. That`s why I posted the correct information in post No.4 of this thread. Quote Link to comment Share on other sites More sharing options...
E.w. Posted March 2, 2016 Report Share Posted March 2, 2016 Anyway the long and the short of the op question is keep away from the bloody road, it make for a easy life. Quote Link to comment Share on other sites More sharing options...
motty Posted March 2, 2016 Report Share Posted March 2, 2016 It`s not! Shooting near highways (roads and carriageways) In England & Wales using a firearm near a highway is not prohibited – but it is an offence without lawful authority or reasonable excuse to discharge any firearm within fifty feet of the centre of a highway/carriageway IF in consequence a user of the carriageway is injured, interrupted or endangered. Some just will not listen! Quote Link to comment Share on other sites More sharing options...
OffAim Posted March 2, 2016 Report Share Posted March 2, 2016 ******* Hell........How many more times? I know I have been on this forum for only two minutes, but I have been shooting for many years longer than most.................. It is 50 feet from the centreline of a carriageway, provided that you don't eff up or injure a person's progress along the carriageway. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted March 2, 2016 Report Share Posted March 2, 2016 ******* Hell........How many more times? I know I have been on this forum for only two minutes, but I have been shooting for many years longer than most.................. It is 50 feet from the centreline of a carriageway, provided that you don't eff up or injure a person's progress along the carriageway. As an associate of mine once said "Crumbs!" Apparently we have another person who can write but is unable to read. The law is posted above in black and white. Go and look it up yourself if you don`t believe me. Article 161 of the Highways act 1980. Quote Link to comment Share on other sites More sharing options...
Danger-Mouse Posted March 2, 2016 Report Share Posted March 2, 2016 Some just will not listen! Quote Link to comment Share on other sites More sharing options...
pontbeck Posted March 2, 2016 Report Share Posted March 2, 2016 You have my greatest sympathy. Your 4th post summed it up perfectly correctly . How we have posted on from that beggars belief . Quote Link to comment Share on other sites More sharing options...
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