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Close to the road


getthegat
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So I was driving on a very busy dual carriageway today and as always had one eye on the road and the other in the fields. I noticed a few birds over a rape field and then saw a random vehicle parked on the verge, as I got along side I could see through the sparse hedge, a guy with a couple of karki umbrellas being used as a hide/shield, very obviously pigeon shooting. He was approximately 20 feet from the road! I would guess he had a Hushpower so as not to scare passing motorists, but surely this cannot be legally? 

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SHOOTING NEAR HIGHWAYS (E.G. ROADS & CARRIAGEWAYS)
 
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.
 
Whilst the Firearms Act does not provide a statutory definition of what is meant by “lawful authority” or “reasonable excuse”. We believe that “lawful authority” would not necessarily apply to sportsmen as this seems to relate to those issued with firearms in connection with official duties such as police or military personnel. “Reasonable excuse” would apply to sportsmen shooting over land with permission. Section 19 of the Firearms Act with regard to having a ‘firearm in a public place’ also applies and is described on page 4. This legislation applies to all public places and not just open access land.
 

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  • 3 months later...

my daughter phoned me on Tuesday a.m   a roe buck ..had been badly injured rta on the road that she uses for work ."dad can you bring a gun ".taking the 20bore I told her to inform the local Police that a member of the public would be using a weapon to dispatch a fataly injured deer on a public highway."just to cover myself against any complaints that might arrive from discharging a weapon on a public highway" ..no problem just make sure no members of the public are in the discharge area ..job sorted .as luck would have it the few vehicles that where on the road stayed well back until I shot the buck at p/b . that instance I am sure would have been covered by "reasonable excuse"

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11 minutes ago, Scully said:

It's an old thread, but there have been instances in the past where I've known guns to be stood on a tarmac country road. 

Yep, I picked up and beat regularly for a shoot where one drive was pushed over the lane leading from one village to the next and guns would be 'pgged' along the verge. Often the local bobby either on his Velocette or in a Panda would be parked at the end of the line watching the fun.  The fact a police officer was there prevented any fear or danger complaint. Good old days.

 

Sounds like you did the right thing. Well done.

Edited by Walker570
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On 22/02/2018 at 19:50, dougall said:

agree re disturbance etc..other thing which would concern be is a winged bird landing on a car/motorcyclist.......not ideal.Just because it is legal does'nt make it ideal/sensible.

Just don't shoot at birds flying in the direction of or likely to land on the road. 

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