Shot landing

[Essex Keeper]

I believe this has been covered but want fresh information 

 

is shot Weather that be air rife pellet , shot gun shot and it lands on another land owners land is that armed trespass ?? 
 

or is an excuse it can be blamed on the weather   (Wind) 

 

 

 

 

[old'un]

No.

[Essex Keeper]

So what would it be classed as ?

Thanks for your time

[Good shot?]

‘constructive trespass’ is how it is described in another post on PW. (See SPENT SHOT post.)

Armed trespass is if you are in possession of a gun (not in a slip) on land you have no position to be on.

Edited April 24, 2020 by Good shot?

[Essex Keeper]

Thank you

 

[Vince Green]

Obviously something has happened to trigger this question, if you give us a bit more of the background it might be useful

[enfieldspares]

It is now I believe an offence for a missile discharged from any air weapon to enter another's land. 

[Good shot?]

This is from an article in Shooting uk.

 

Q: I am planning a drive near a  neighbor's property. I do not want spent shot falling on their buildings and I understand that this is illegal anyway.

A: Shotgun pellets that fall on to another person’s land constitute a constructive trespass rather than a criminal offence. It is a criminal offence to allow an air gun pellet to leave your premises. That said, falling shotgun pellets, though not dangerous, are antisocial and should be avoided for the sake of good neighbourliness.

 

 

[mossy835]

if you fire a gun and the pellets, or shot from a shot gun lands on ground you cant shoot on is armed trespass.

[Essex Keeper]

my Wife was talking on me about a lady on our neighbour forum has pellets coming in her garden 

everyone says phone the police 

 

I was under the impression it’s was armed trespass

 

 

[enfieldspares]

s34 Violent Crime Reduction Act 2006

http://www.legislation.gov.uk/ukpga/2006/38/section/34

[mossy835]

yep armed trespass.

[Vince Green]

Shot doesn't travel that far at all. You would have to be shooting stupidly close to her boundary

[Good shot?]

If fired from an airgun is an offence as i read it.

Edited April 24, 2020 by Good shot?

[Essex Keeper]

The lady on the app say she has pellets in her garden 

[ShootingEgg]

15 minutes ago, Good shot? said:

This is from an article in Shooting uk.

 

Q: I am planning a drive near a  neighbor's property. I do not want spent shot falling on their buildings and I understand that this is illegal anyway.

A: Shotgun pellets that fall on to another person’s land constitute a constructive trespass rather than a criminal offence. It is a criminal offence to allow an air gun pellet to leave your premises. That said, falling shotgun pellets, though not dangerous, are antisocial and should be avoided for the sake of good neighbourliness.

 

 

Or the shoot owner Could be proactive and talk to the neighbour and explain that spent shot could fall their side of the boundary, and okay it with them. It's a question that could be answered outside of a magazine article. 

[bluesj]

I was under the impression that shot from a shotgun or a bullet from a "live" rifle falling on someone else ground was not a criminal offence (not a good idea) but a pellet from an air rifle was. much the same as carrying in a public place when not in a slip. 

[oowee]

1 hour ago, Vince Green said:

Shot doesn't travel that far at all. You would have to be shooting stupidly close to her boundary

Realy?  220 yds for number 6. How often is that field you want to shoot within 100 yds of the farm boundry? 

[Walker570]

2 hours ago, oowee said:

Realy?  220 yds for number 6. How often is that field you want to shoot within 100 yds of the farm boundry? 

Yes, back in the 60s and 70s when I shot a lot of clays, it was understood that the safety zone around a trap position must be 300Yrds. I remember using a 120ft tape to measure rom our skeet positions out toward a footpath across an adjacent field and it was just on the edge of that distance.  We never had a problem.  If the lady is getting pellets in her garden, are they air rifle/pistol pellets or shotgun ?  I have always understood that shot from any gun must not go outside the curtilage of your property.

I had a request to shoot pigeons on crops last year and on inspecting the field I could not get sufficent safe range in any direction because of public access and houses and had to decline.

Edited April 24, 2020 by Walker570

[ClemFandango]

Have there ever been any prosecutions under this? 

Who would the burden of proof lie with? I imagine it would be nearly impossible to prove that shot from a shotgun had landed on your property and even more difficult to prove whose shotgun fired them. 

If you could find an airgun pellet then I guess they could link it to a rifle but would the police or the CPS bother getting the forensic evidence?

[Vince Green]

4 hours ago, oowee said:

Realy?  220 yds for number 6. How often is that field you want to shoot within 100 yds of the farm boundry? 

200 yds is F-A in relation to a house that doesn't belong to you and you are shooting towards it????

no! no! no! grown a brain and use it wisely

[Vince Green]

32 minutes ago, ClemFandango said:

Have there ever been any prosecutions under this? 

Who would the burden of proof lie with? I imagine it would be nearly impossible to prove that shot from a shotgun had landed on your property and even more difficult to prove whose shotgun fired them. 

If you could find an airgun pellet then I guess they could link it to a rifle but would the police or the CPS bother getting the forensic evidence?

Why would anyone want to get into this area of conflict? just don't be an idiot, least said soonest mended

[CharlieT]

6 hours ago, bluesj said:

I was under the impression that shot from a shotgun or a bullet from a "live" rifle falling on someone else ground was not a criminal offence (not a good idea) but a pellet from an air rifle was. much the same as carrying in a public place when not in a slip. 

This is the correct answer.

[ClemFandango]

5 hours ago, Vince Green said:

Why would anyone want to get into this area of conflict? just don't be an idiot, least said soonest mended

Well obviously.

I just wondered. 

It would be easy for someone to make a malicious claim against an otherwise innocent shooter. 

[Walker570]

3 hours ago, ClemFandango said:

Well obviously.

I just wondered. 

It would be easy for someone to make a malicious claim against an otherwise innocent shooter. 

Happens more often than we probably realise.  Had a situation where I was just checking zero on my deer rifle, totally safe background,  been shooting an occasional shot for zero there for 25yrs. I don't waste bullets on paper so if the first one is OK that's it done.  So very rarely more than two shots.  Farmer had a call from a neighbour 3/4 mile away and 90 degs to where I was shooting, to say bullets where hitting her fence which was impossible.  Fortunately the farmer was savvy and asked was it an echo from the woodside perhaps.   The neighbour fortunately then agreed that was what had been heard.   So the claim doesn't necessarily have to be malicious but just uninformed.