What should one do?

[JDog]

Driving back this afternoon, or rather re tracing a route I had taken an hour earlier, I saw a Badger on my side of the road. It wasn't there when I passed by earlier. I gave it a wide berth and just as I was about to pass it the poor thing raised it's head.

There was a line of traffic behind me so I couldn't pull up anywhere near. I did have my gun in the car. I do not like what Badgers do in the countryside, ripping out Bumble bee nests, eating the eggs and chicks of ground nesting birds etc but I wouldn't want to see one suffer which is exactly what I left behind when I drove on.

[Benthejockey]

At this time of day on a busy road ring 101 and let them deal with it. 

[London Best]

The only problem would be the line of traffic. Someone was bound to object/call 999 if they saw you hitting it with a Land Rover starting handle or deliberately driving over it’s head. I would not have considered using a gun. Difficult one.

[akka]

I think shooting an animal at the side of the road could have landed you in hot water unfortunately. 

That said, I have put many animals out of their misery over the years, fox, deer, rabbits, duck etc. I too hate to see suffering and try and do the right thing. If I dont, it plays on my mind.

Atb. Ak

[Mice!]

I'm guessing if you had have stopped and shot the badger, while the right thing to do if you could, this thread would have been about getting arrested at the roadside. 

[12gauge82]

Ring 101 or local wildlife charity, even the dreaded RSPCA.

Shooting it without police authority could have landed you in serious trouble.

[bluesj]

Well you would be with in the law to shoot it or knock it on the head, it is not worth the hassle you could end up giving your self. 

All ways remember that no good deed goes unpunished!

[12gauge82]

3 minutes ago, bluesj said:

Well you would be with in the law to shoot it or knock it on the head, it is not worth the hassle you could end up giving your self. 

All ways remember that no good deed goes unpunished!

You wouldn't as you'd be discharging a shotgun/firearm in a public place.

[bluesj]

3 minutes ago, 12gauge82 said:

You wouldn't as you'd be discharging a shotgun/firearm in a public place.

But you wouldn't be doing it without good reason!

 

[clangerman]

you made the right call if you had stopped pound to a penny mr plod or some anti nut would have shown up 

[12gauge82]

Just now, bluesj said:

But you wouldn't be doing it without good reason!

 

Absolutely agreed, but you'd be putting yourself at the mercy of our criminal justice system and that often doesn't work on common sense, you'd technically be in breach of the law.

[The Heron]

Absolutely the right decision. 

[bluesj]

1 minute ago, 12gauge82 said:

Absolutely agreed, but you'd be putting yourself at the mercy of our criminal justice system and that often doesn't work on common sense, you'd technically be in breach of the law.

Technically you wouldn't be in breach of the law but you could be in one hell of a **** storm with all that goes with it being a SGC or FAC holder. Its just not worth it. I've been quizzed on the road side when it was the cops that called me, we don't do work for the police now too much aggro and they don't pay their bills 

[grrclark]

I sympathise with how you must have been feeling when circumstance denied you any opportunity to resolve the situation as you might otherwise have done.

It’s an awful feeling to think of the animal suffering and How you feel demonstrates compassion and caring.

[Walker570]

Hard I know but drive on let one of those behind decide what to do.  There are all sorts of problems with just stopping even, some idiot could even suggest you killed it.  You did the best thing by driving on.

[12gauge82]

1 hour ago, bluesj said:

Technically you wouldn't be in breach of the law but you could be in one hell of a **** storm with all that goes with it being a SGC or FAC holder. Its just not worth it. I've been quizzed on the road side when it was the cops that called me, we don't do work for the police now too much aggro and they don't pay their bills 

So your saying anyone can take a gun out the boot of their car and discharge it in a public place to dispatch a suffering animal, if that's the case, can you point me to the act of parliament that allows that, as that's news to me?

[Blackpowder]

At one time most of us who came across a severely injured animal would have done the proper thing and killed it, I still would in a private situation.  As others have said no matter what method you had used in a public place someone would have reported you.  Sad to say but in the circumstances you did the best thing.

 

Blackpowder

[moose man]

7 minutes ago, 12gauge82 said:

So your saying anyone can take a gun out the boot of their car and discharge it in a public place to dispatch a suffering animal, if that's the case, can you point me to the act of parliament that allows that, as that's news to me?

You are spot on my friend ! As someone that is called out to deal with deer/ animal rta’s discharging a firearm on a public highway is big no no and asking for trouble ..If on the other hand you contact the police , explain what is happening and get permission and an incident number you should be ok ..they might not give you permission , it depends on the location and public access ..driving by and not being able to help leaves a very empty feeling ....

Looseing you firearms / shotgun certificates is a price to far ..

[12gauge82]

Just now, moose man said:

You are spot on my friend ! As someone that is called out to deal with deer/ animal rta’s discharging a firearm on a public highway is big no no and asking for trouble ..If on the other hand you contact the police , explain what is happening and get permission and an incident number you should be ok ..they might not give you permission , it depends on the location and public access ..driving by and not being able to help leaves a very empty feeling ....

Looseing you firearms / shotgun certificates is a price to far ..

Thanks for clearing that up, its as I thought and is a real shame as a licence holder one would hope that you could be trusted to make a sensible judgement, but in these times of health and safety and litigation, it's never going to happen.

Goes to show how much misinformation and "Dave down the pub said!" Opinions there are out there.

[bluesj]

1 hour ago, 12gauge82 said:

So your saying anyone can take a gun out the boot of their car and discharge it in a public place to dispatch a suffering animal, if that's the case, can you point me to the act of parliament that allows that, as that's news to me?

No I can't as I don't think there is an act that says that specifically, but section 19 of the firearms act 1968 (its worth a read) covers carrying a firearm in a public place. By the way section 20 is more important to me as we have used of it more than section 19.

As i understand it the discharging of a firearm on or near a highway is dealt with in section 161 (2) of the highways act of 1980.

If you can point me to any legislation that say any thing different please point it out. 

Would I shoot an injured badger on the side of a busy road off my own back? HELL NO! 

Would I want to put any of the above law to the test in court? Again HELL NO

Edited July 23, 2020 by bluesj

[chrisjpainter]

I really loathe this part of the human race. I just wish a responsible, well intentioned chap could hop out of his car, grab his gun and end the poor thing's suffering. But as others have said it's too much personal risk, despite the obvious common sense. There is nothing you can do with so many witnesses, other than call up someone else and have them do what you could have done in the first place. Not a pleasant thing to happen on a drive.

[enfieldspares]

3 hours ago, 12gauge82 said:

You wouldn't as you'd be discharging a shotgun/firearm in a public place.

Necessity knows no law. You'd be no different from discharging a firearm in a public place to, say, kill a dog that was savaging a child near to death by that same roadside.

[marsh man]

I daresay if the local police force was called and the animal needed to be put down the attending officer would have the name of the local pest control or the keeper who would have the right firearm to end the animals suffering , our head keeper was often called out to attend a deer that was involved in a traffic accident .

[12gauge82]

1 hour ago, enfieldspares said:

Necessity knows no law. You'd be no different from discharging a firearm in a public place to, say, kill a dog that was savaging a child near to death by that same roadside.

There would definitely be a difference there, as you can use any force necessary and reasonable in the circumstances in defence of yourself or another, that doesn't apply to badgers.

2 hours ago, bluesj said:

No I can't as I don't think there is an act that says that specifically, but section 19 of the firearms act 1968 (its worth a read) covers carrying a firearm in a public place. By the way section 20 is more important to me as we have used of it more than section 19.

As i understand it the discharging of a firearm on or near a highway is dealt with in section 161 (2) of the highways act of 1980.

If you can point me to any legislation that say any thing different please point it out. 

Would I shoot an injured badger on the side of a busy road off my own back? HELL NO! 

Would I want to put any of the above law to the test in court? Again HELL NO

I assume that section covers carrying a firearm in a public place, not discharging it to dispatch suffering wildlife.

Unless you can show different, I believe it would be an offence in law, no matter how well intentioned, which is a very important distinction if we want to be on the right side of the law and keep our tickets.

[enfieldspares]

I'd certainly not use a gun. I have dispatched a wounded fox (hit by a car) with a knife inserted in the back of the neck to separate the spine. But that was maybe twenty years ago and I wouldn't do it nowadays. Despite the fact that "necessity knows no law" I'd call 101 as others say.