Common Land question:

[racing snake]

Hi all,

 

just wondering if I can call on the collective wisdom to possibly tackle a bit of a quandary I have. I recently obtained a very good area of private farmland to control the foxes on. It's a fantastic piece of land but does come with one, rather significant drawback - its elevation. Where I would park the vehicle, to the top of the permission is 1,000 ft climb in less than three quarters of a mile. It's absolutely punishing, especially weighed down with rifle, rucksack and paraphernalia. Above that point the hill climbs a further 200 ft to the summit, but this area is Common Land, though the landowner I'm controlling the foxes for does graze his stock on it. Now I know I can't shoot on the common land, but there is a track I can drive up the back of the hill to, which removes the punishing climb on foot, but it does mean I have to descend through the common land to access the top of the permission.

 

Question is, provided the rifle is in its cover, can I walk down through the common land section?

 

Thanks in advance.

[oowee]

Interesting. I am guessing its covered under the right to roam legislation and if you are free to walk on it then you could carry your rifle.

[Gordon R]

You could walk down the high street with it, so common land should not be a problem.

[racing snake]

Yes, agreed. Kind of confirmed what I was thinking. Thanks gents.

[scotslad]

As long as u have a valid reason, which u do

 

Althou I would double check with ur org just to be safe and keep urself right.

Edited August 15, 2017 by scotslad

[Hendrix's rifle]

Providing you have reasonable excuse you can, in this case you do! You can walk to the gun shop with your rifle or shotgun so a hill where your shooting isn't a problem providing it's in a slip.

[ips]

Agree with the above, as long as its slipped I cant see an issue

[racing snake]

Thanks gents.

[Brodie]

Whilst it is common sense to have the gun in a slip can someone tell me where it states this is a legal requirement?

[ips]

Not sure but it is a requirement that's for sure

[scotslad]

I'm pretty certain it doesn't have to be (legally) but common sense would say different

 

Also with a rifle legally it doesn't matter wether loaded or not (as legally classed as loaded if u have the bullets on u)

[Uilleachan]

Right to roam laws are a little different in Scotland than elsewhere in the UK, in that we don't have a trespass law as such.

 

Whilst we can wander more or less anywhere, we can't cause nuisance and are subject to public order norms. So, with guns, whilst using right to roam to access land; where we are the authorised person or are acting for the authorised person, i.e. with permission, is perfectly legal, we have to remember that we are effectively in a public place until we get to the ground where we can shoot legally.

 

I wouldn't walk down a high street with an un slipped gun? Doing so could breach several public order laws (and likely get you shot in this day and age).

 

There's also armed trespass, a law which we have in common with the rest of the UK. Difficult to prove your innocence with your gun in your hand, even broken over your arm, crossing any ground you aren't authorised to shoot over.