Dave-G Posted April 2, 2008 Report Share Posted April 2, 2008 That fifty feet rule - does it apply to adults and all firearms? It's the law bit I'm seeking rather than best practice or recommendations please chaps. I ask because I occasionally feel the "optimum" place to shoot from is alongside a road or lane, and I'm sure many other shooters must find themselves in a similar location occasionally. What say you guys? Quote Link to comment Share on other sites More sharing options...
Big_Sam Posted April 2, 2008 Report Share Posted April 2, 2008 Its 50 feet if by doing so you cause alarm or disturbance. Let me just find the quote for you. Quote Link to comment Share on other sites More sharing options...
Big_Sam Posted April 2, 2008 Report Share Posted April 2, 2008 22.17 Under section 161 of the Highways Act 1980, it is an offence for any person, without lawful authority or excuse, to discharge any firearm within fifty feet of the centre of any highway which comprises a carriageway, if in consequence, any user of the highway is injured, interrupted or endangered. For these purposes a carriageway means a highway (other than a cycle track) over which the public have a right of way for the passage of vehicles. The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of “culpable and reckless conduct†and “reckless endangerment†in situations in which the 1980 Act would be contravened in England and Wales. Quote Link to comment Share on other sites More sharing options...
bob300w Posted April 2, 2008 Report Share Posted April 2, 2008 (edited) That's the "law bit" you asked for. Edited April 2, 2008 by bob300w Quote Link to comment Share on other sites More sharing options...
Big_Sam Posted April 2, 2008 Report Share Posted April 2, 2008 Sorry Bob, I pasted quicker Quote Link to comment Share on other sites More sharing options...
bob300w Posted April 2, 2008 Report Share Posted April 2, 2008 Beat your above reply with my edit though! Quote Link to comment Share on other sites More sharing options...
al4x Posted April 2, 2008 Report Share Posted April 2, 2008 basically you're fine as long as you use common sense Quote Link to comment Share on other sites More sharing options...
Devon Fox Posted April 2, 2008 Report Share Posted April 2, 2008 , lost track of the times i have been "pegged" beside a road on a driven day. Quote Link to comment Share on other sites More sharing options...
bob300w Posted April 2, 2008 Report Share Posted April 2, 2008 basically you're fine as long as you use common sense Yep, it's that simple; " if in consequence, any user of the highway is injured, interrupted or endangered." That says to me, don't shoot if there is a car in your vicinity, a possible court case/loss of SGC, ain't worth it for a pheasant. Quote Link to comment Share on other sites More sharing options...
dusk2dawn Posted April 2, 2008 Report Share Posted April 2, 2008 22.17 Under section 161 of the Highways Act1980, it is an offence for any person, without lawful authority or excuse, to discharge any firearm within fifty feet of the centre of any highway which comprises a carriageway, if in consequence, any user of the highway is injured, interrupted or endangered. For these purposes a carriageway means a highway (other than a cycle track) over which the public have a right of way for the passage of vehicles. The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of “culpable and reckless conduct†and “reckless endangerment†in situations in which the 1980 Act would be contravened in England and Wales. I have to say this Sam you may be a chocolate fireguard at shooting rooks, but your skills at finding the legislation etc are appreciated. D2D Quote Link to comment Share on other sites More sharing options...
DaveK Posted April 2, 2008 Report Share Posted April 2, 2008 Bear in mind that if using something on an FAC that shooting from the side of the road may not belong to your landowner and you'd be contravening your FAC conditions. Quote Link to comment Share on other sites More sharing options...
Markio Posted April 2, 2008 Report Share Posted April 2, 2008 Interesting this as i was wondering the same last night. On way home from work along a popular A road i saw back of landrover open next to road, landy was next to hedge and i saw the decoys on flappers in the rape field (Hide was field, NOT road side, of the hedge). If it was 50 feet from the road it was very close. He was obviously firing in the opposite direction to the road. I could see no danger could come of it but it made me curious for future reference if it was too close. My thoughts in this instance were that it was perfectly safe due to the direction of the hide/gun etc but from a noise perspective? Could a passing car hear it and be alarmed by it? Does that count as 'interrupted'? Quote Link to comment Share on other sites More sharing options...
bob300w Posted April 2, 2008 Report Share Posted April 2, 2008 Interesting this as i was wondering the same last night. On way home from work along a popular A road i saw back of landrover open next to road, landy was next to hedge and i saw the decoys on flappers in the rape field (Hide was field, NOT road side, of the hedge). If it was 50 feet from the road it was very close. He was obviously firing in the opposite direction to the road. I could see no danger could come of it but it made me curious for future reference if it was too close. My thoughts in this instance were that it was perfectly safe due to the direction of the hide/gun etc but from a noise perspective? Could a passing car hear it and be alarmed by it? Does that count as 'interrupted'? Probably depends who the motorist is, if it's an anti-gun cop, or a local magistrate, you could well be in the brown stuff. They could claim that the shock may have caused them to have an accident, a very grey area methinks. If the road user was an old dear on a push-bike who fell off with shock, you can probably wave goodbye to your SGC. Especially if she was related to the aforementioned! Quote Link to comment Share on other sites More sharing options...
pin Posted April 2, 2008 Report Share Posted April 2, 2008 (edited) I've shot close to roads before and not had an issue, one particular place we are careful to make sure it's 50feet or more. That's not a lot of distance and there is a footpath behind the hedge, and a road beside it. Sometimes you can hear people "look, here comes another one BLAM yay he got that one" etc. Bit of added pressure Apart from blatant "not on the actual permission land" cases, this legislation has not yet been tested (source: BASC) so it's common sense really. Can't be a massive issue if it's never come up before. Edited April 2, 2008 by pin Quote Link to comment Share on other sites More sharing options...
mbriz Posted April 2, 2008 Report Share Posted April 2, 2008 What about if you have a public footpath in the middle of your shoot? Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 2, 2008 Author Report Share Posted April 2, 2008 Thanks chaps. One particular piece of land I'm thinking of shooting out the car window has an access lane to the farmers field, another smallholding and a footpath. The owners of each would happily see the other fried in oil and I would'nt want to be caught in the middle. Quote Link to comment Share on other sites More sharing options...
pin Posted April 2, 2008 Report Share Posted April 2, 2008 What about if you have a public footpath in the middle of your shoot? Question was about highways, footpaths are a different shooting match - if you'll pardon the pun. So long as you take suitable care you can shoot on and over footpaths, something you couldn't do with a road. I don't know many shooters who don't have public footpaths / rights of way on their land, just something you get used to. Quote Link to comment Share on other sites More sharing options...
Fleabag Posted April 3, 2008 Report Share Posted April 3, 2008 Dave g this the new permission. Quote Link to comment Share on other sites More sharing options...
A Sick Old Man Posted April 3, 2008 Report Share Posted April 3, 2008 I have a number of foot paths criss crossing my permission (1,700 arable) I asked my FLo (Essex) and he stated that a footpath is a public place, so therefor possession of a firearm that is not unloded and in a secure slip is an offence. I steer well clear of footpaths, Quote Link to comment Share on other sites More sharing options...
bob300w Posted April 3, 2008 Report Share Posted April 3, 2008 (edited) I have a number of foot paths criss crossing my permission (1,700 arable) I asked my FLo (Essex) and he stated that a footpath is a public place, so therefor possession of a firearm that is not unloded and in a secure slip is an offence. I steer well clear of footpaths, Not correct, according to BASC it is legal to shoot from a footpath. If you wish to take your example to the extreme, an open clay shoot is a public place. The law states "without lawful authority or reasonable excuse", lawful authority is a SGC or FAC, reasonable excuse is defined as having the sporting rights either or one side of the footpath. The Highways act does not apply to footpaths, therefore the 50 foot rule does not apply either, but if you still believe it to be illegal, stand one foot to the side of the footpath, problem sorted! Edited April 3, 2008 by bob300w Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 3, 2008 Author Report Share Posted April 3, 2008 My (trainee) FEO quoted the fifty feet rule to me about 10 days ago. Quote Link to comment Share on other sites More sharing options...
A Sick Old Man Posted April 3, 2008 Report Share Posted April 3, 2008 I have read your post with interest Bob, and I am sure you are right. I do wonder why our firearm laws seem so detailed and complicated, and why we are all informed different advice from our FLO's I will still veer away from foot paths though, why court potntial trouble? Quote Link to comment Share on other sites More sharing options...
magman Posted April 3, 2008 Report Share Posted April 3, 2008 You can shoot on a footpath but if you get a complant then move to the 50 feet and problem solved Quote Link to comment Share on other sites More sharing options...
njc110381 Posted April 4, 2008 Report Share Posted April 4, 2008 I have a number of foot paths criss crossing my permission (1,700 arable) I asked my FLo (Essex) and he stated that a footpath is a public place, so therefor possession of a firearm that is not unloded and in a secure slip is an offence. I steer well clear of footpaths, That's the same opinion as my FEO. It is just that, an opinion, and it wont stand in court. I've shot off of many footpaths. You just have to be aware that a non shooting person could be alarmed by a man with a gun. Be gentle on them and break or slip the gun when they approach, and greet them politely as they pass. I've never had any trouble that way, but I guess there's always one nutter who's going to ruin it eventually Quote Link to comment Share on other sites More sharing options...
mossy835 Posted April 4, 2008 Report Share Posted April 4, 2008 you can shoot on and across, a foot path but you must watch for the puplic.on all my land i dont have this trouble Quote Link to comment Share on other sites More sharing options...
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