Shooting Pheasants that stray way over other land. OK?

[ips]

the wording (for clarity) is more than two rounds in the mag so technically its two in the mag one up the spout. On that basis you could use a SA on a formal driven day...you would however look like del boy and probably never be asked back ?

[CharlieT]

Which is what I said in the previous post.

[ips]

indeed ?

[markm]

“You can’t use a firearm that can hold more than 2 rounds.”  I see the words ‘can’t’ and ‘can’ as significant. 

Try asking for a FAC semi or .22 to shoot game and see how far you get. 

I still stand by my original post. If anyone was shooting Pheasants over my shoot boundary with a .22r/f I would inform the police and allow them to make the decision on the legalities. 

I run a game shoot, with feeders (literally) across the boundary road and  they shoot regularly. I know I can’t do anything about it. 

Edited November 10, 2017 by markm

[Stonepark]

Pump action, lever action and bolt action are not covered by the 1981 legislation and therefore can be used with magazines containing 3 or more rounds.

 

AOLQ allows the shooting of game and wildfowl with a rifle.

Edited November 10, 2017 by Stonepark

[team tractor]

The most annoying thing about pheasant shooting is the waste. Chucking birds in the bin for sport .

i love pheasant/rough shooting but I eat everything i shoot. He's not just plinking 100's of pheasants off for fun but he's took one for the pot. 

 

[ips]

10 minutes ago, team tractor said:

The most annoying thing about pheasant shooting is the waste. Chucking birds in the bin for sport .

i love pheasant/rough shooting but I eat everything i shoot. He's not just plinking 100's of pheasants off for fun but he's took one for the pot. 

 

that sort of talk is not helpful to our way of life. Alleged wastage is one of the antis weapons against us.

[markm]

27 minutes ago, Stonepark said:

Pump action, lever action and bolt action are not covered by the 1981 legislation and therefore can be used with magazines containing 3 or more rounds.

 

AOLQ allows the shooting of game and wildfowl with a rifle.

I will admit i’m wrong when you show me this as fact.....

[Stonepark]

4 minutes ago, markm said:

I will admit i’m wrong when you show me this as fact.....

You have already had the wording from S5 (1)(c)(III), WCA 1981 for birds from CharlieT, the wording for S11(2)(c)(I) for animals is identical in wording.

For definition of auto or semi S27 (1) provides the following:-

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

 

[ips]

I think it does not do our way of life any favours when shooting folk are questioning other shooting folks legitimate shots. Its the same on the 50 cal topic. All for one and one for all I say

[TriBsa]

1 hour ago, Stonepark said:

Pump action, lever action and bolt action are not covered by the 1981 legislation and therefore can be used with magazines containing 3 or more rounds.

 

AOLQ allows the shooting of game and wildfowl with a rifle.

The Police seem to differ from your interpretation. From the Durham Constabluary website:

Quote

Wildlife and Countryside Act 1981

Shooters should acquaint themselves with The Wildlife and Countryside Act 1981 (WCA) and 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 semi-automatic shotguns, and any rifles whether bolt-action, pump-action or semi-automatic, 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 and Rural (DEFRA) - 0117 372 8903 (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.

Even if say Lever Action is not mentioned in the Act, and lacking any case law, a legal interpretation would be to ask the question "what did the act intend?" And the answer would surely be the taking of game with a multishot firearm, which by definition a Lever Action is. Without express written confirmation, it isn't woth the risk in my opinion to rely on your interpretation. 

Certainly Pumps and Semi Auto's as Section1's have always been classed together as to what can be shot with them.

Edited November 10, 2017 by TriBsa

[Stonepark]

...... In addition the definitions of automatic and semi-automatic firearms in the WCA and WO have never been tested.  It BASC’s view that only firearms that are automatic or semi-automatic (i.e. self loading action types) whose magazine contain more than two rounds are included in the definition.     Therefore firearms which use another reloading system (bolt or lever action for example) and have a magazine capacity over 2 rounds are not included in the definition and so could be used to shoot all the bird quarry species.  However it may prove difficult to gain a condition on a firearms certificate to shoot game or waterfowl with such a firearm and providers of shooting opportunities may not permit their use.

[jam1e]

Thanks for all the replies folks, much appreciated. Having read some of the posts, i think it would be best if i didn't comment any further as i don't want to incriminate myself.... Other than saying, I would much prefer to eat any legal quarry taken with a rifle than quarry peppered, bruised and full of shot.

It's a funny old world. I personally find it unsporting to have pheasants forced to fly over a line of guns, as apposed to one clean head shot at around 60 yards... Not that i would ever take issue to the "forced birds" being shot. Shooting is a very diverse sport. We all have certain aspects that we do or don't agree with. I've heard talk of dead driven birds either being buried or left to go to waste as the shooter is too lazy to prepare it, or may not like the taste. It may be just the anti's spreading bull though... Just to point out that this post is not a dig at anyone at all on PW.

I'll give BASC a ring on Monday for clarification. 

Cheers.

[CharlieT]

I just wish people would read the law and digest what is written rater that put their own spin on it.

There is nothing gray, in the spirit of the law or open to interpretation about what constitutes an automatic or semi automatic firearm in the context of the WCA and both the  WCA and the Firearms Act are quite specific on the subject of which firearms are prohibited for shooting birds not shot under the terms of the General License.

Nowhere in the legislation does it state that using a bolt action or underleaver rifle with a magazine capable of holding more than two missiles is prohibited. All that is mentioned is  automatic and semi-automatic, ie a self loading firearm, which the firearms act defines as [F5(2A)In this Act “self-loading” and “pump-action” in relation to any weapon mean respectively that it is designed or adapted (otherwise than as mentioned in section 5(1)(a)) so that it is automatically re-loaded or that it is so designed or adapted that it is re–loaded by the manual operation of the fore–end or forestock of the weapon.

I shall continue to use my bolt action rifles to thin out cocks at the end of the season, unless of course someone can point me in the direction of  legislation that specifically prohibits such use.

[markm]

Funny that. If you read the screen print from the gov.uk website as far am in concerned it does. 

 

But you crack on if its legal. 

[CharlieT]

As I said,  actual legislation please, not some inaccurate precis that fails to cite relevant law.

[markm]

The legislation IS from the GOV.UK web page. I don’t think you can get more relevant.   Incase you haven’t read it, here you go - 

You can’t use:

• a firearm that can hold more than 2 rounds of ammunition in the magazine. 

 

 

But you know best, so I’ll bow out of this discussion  

 

[jam1e]

I couldn't get hold of BASC today. I forgot it was Saturday..

But the last thing i need right now now is to be reported by a fellow member....

I will get some advice from BASC on Monday and do my own thing guided by that.

But their isn't no getting away from the fact that a Pheasant stew/casserole is mighty fine!! 

 

 

[ips]

its pretty clear as far as I am concerned. Two in the mag one up the spout jobs a good un. You shot one "legally" for the pot. Totally ethical, no worries. Don't understand what all the argument is.

[jam1e]

17 minutes ago, ips said:

its pretty clear as far as I am concerned. Two in the mag one up the spout jobs a good un. You shot one "legally" for the pot. Totally ethical, no worries. Don't understand what all the argument is.

Me to ips, But i don't want to lose my fac/sgc. So will get clarification. Then do, what needs to be done. 

[ips]

I wouldn't lose any sleep over it mate, its as clear as you can get ?

[Pigeon Shredder.]

How can someone on here grass you up for something that is not illegal, and they don't even know who you are, sleep easy.

l must say l'm feeling so guilty about all the ones l've head shot and eaten l'm joining PETA tomorrow.

People Eat Tasty Animals.

[jam1e]

They do. And i will continued to do so. 

[Dekers]

I'm with CharlieT here and a few others.

I have used a rifle on a number of occasions to deal with Pheasant etc.,  and the remaining carcass tends to be far more edible than one blasted full of shot!

 

[Fisheruk]

I have Avian on my FAC for my rimfire, and All Lawful Quarry.

it would seem simple to ask for that condition when you apply or renew your FAC.