The fifty feet from centre of the highway rule

[bob300w]

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?

Different advice? They can't even agree on a name for them, we have FEO, FAO, FLO and no doubt a few more can be added (polite ones only please).

Do we have any laws in this country that are not complicated? I must agree that most the laws relating to guns need an update, some laws go back to the 1800's, and probably earlier.

As has been said, although it is perfectly legal, if the public arrive whilst you are shooting on a footpath, put your gun away untill they have gone, it's not worth the aggro for a pheasant or two. A case of a bit of common paying off in the long run. Two years back, a rambler on a footpath around here stopped to talk to a gun on a footpath, the converation went from "isn't what you are doing illegal?" to "how do I get a gun licence", the rambler now shoots clays regularly. That's what I call a result!

[DaveK]

You can shoot on a footpath but if you get a complant then move to the 50 feet and problem solved

 

 

Not so. For the purpose of the Act footpaths and bridleways are not classed as carriageways. You don't need to be 50ft away and can shoot from and over them

 

Good sense dictates whether you should or shouldn't depending on the situation.

[highseas]

[?

Two years back, a rambler on a footpath around here stopped to talk to a gun on a footpath, the converation went from "isn't what you are doing illegal?" to "how do I get a gun licence", the rambler now shoots clays regularly. That's what I call a result!

wow proper job

[CEREALTHRILLER]

At a recent BASC evening one of the questions in a quiz was about this, and I was very surprised to be told that in Scotland you can shoot from the center of the highway as long as you have permission to shoot on the land on one or both sides of the road

 

However you could be charged with reckless discharge so I don't suggest that you try it at rush hour on the M8

Edited April 8, 2008 by CEREALTHRILLER

[Dave-G]

This is VERY interesting news CEREAL THRILLER - anyone know the legality of shooting from the adjacent kerbside into a permision from a vehicle?

[Cranfield]

This is VERY interesting news CEREAL THRILLER - anyone know the legality of shooting from the adjacent kerbside into a permision from a vehicle?

 

I believe it is illegal to discharge a weapon from a public carriageway in England, whether you are in a vehicle or not.

[DaveK]

This is VERY interesting news CEREAL THRILLER - anyone know the legality of shooting from the adjacent kerbside into a permision from a vehicle?

 

I believe it is illegal to discharge a weapon from a public carriageway in England, whether you are in a vehicle or not.

 

 

[Axe]

I contacted BASC on this a couple of years ago and the result was the following:

 

Shooting on, from and across a footpath is ok, so long as and member of the public is not harmed and is allowed to pass. The member of public is allowed to pass and then repass but is not allowed to loiter. In such a circumstance the Police can be called to remove them.

 

Shooting on or from a public highway is also ok, so long as a member of the public is not harmed and is allowed to pass.

 

It is not an offence to cross a highway with a weapon if you have 'A Reasonable Excuse' i.e. to access land for the purposes of pest control.

 

I still think that a large amount of discretion is required. Out of site, out of mind. Beit on your own head if you wish to push the boundaries and find out, I certainly wouldn't recommend it.

[propercartridges]

i was told years ago 50 feet from the crown of the road which to me ment the middle or white line but then in my head and travelling alot    what about a duel carriage way where  the 50 feet would nearly put you on the grass verge     food  for thought    then the 300 yard fallout of shot which the  local copper once quoted to me and also i believe the spec of the  cpsa   its   hard to get a roadside shot where wind and every thing stacks up      keep your heads down

[TIGHTCHOKE]

15 minutes ago, propercartridges said:

i was told years ago 50 feet from the crown of the road which to me ment the middle or white line but then in my head and travelling alot    what about a duel carriage way where  the 50 feet would nearly put you on the grass verge     food  for thought    then the 300 yard fallout of shot which the  local copper once quoted to me and also i believe the spec of the  cpsa   its   hard to get a roadside shot where wind and every thing stacks up      keep your heads down

Blimey George, nothing better to do?

With the Dual carriageway it would be 50 feet from the centre of the nearest lane!

[dodgy dave]

On 02/04/2008 at 13:34, pin said:

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.

it will when packman finds out

[Good shot?]

50ft from the crown is your closest shooting position but you would shoot away from the road to avoid fallout.

The 50ft is intended to not frightening passers by but you should still avoid shooting when people are passing  if so close anyway IMO.

[Scully]

We've actually shot on roads and public footpaths in the past, but always made sure no one is impeded or hindered by doing so, as stipulated. We are always courteous and 'give way' to any pedestrians and particularly horse riders. 

[TIGHTCHOKE]

1 minute ago, Scully said:

We've actually shot on roads and public footpaths in the past, but always made sure no one is impeded or hindered by doing so, as stipulated. We are always courteous and 'give way' to any pedestrians and particularly horse riders. 

Yes indeed we behave in the same way.

[manthing]

On 03/04/2008 at 07:12, A Sick Old Man said:

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,

As I understand it a footpath is a right of way over private land for foot traffic. 

It gives a person a right to pass and repass as they require. No right to loiter. No right to let their dog roam the field they are crossing, told a few off for that especially during lambing. 

As long as common sense is used you can shoot from, over and along a footpath. 

Edited April 27, 2019 by manthing

[panoma1]

On 02/04/2008 at 08:58, Big_Sam said:

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.

So in England to successfully prosecute a shooter discharging a gun close to a highway the prosecution would have to prove:-

1) You were shooting closer than 50 ft from the centre of a highway, and this only applies in the event of 2) below being proven.

2) You either injured, interrupted or endangered any other highway user  and this only applies if you were shooting closer than 50 ft to the centre of a highway.

 

 

[mudpatten]

Remember that the wording of the offence is quite specific. Injured, interrupted or endangered. A person simply "not liking it" does not constitute an offence.

 

[Scully]

3 hours ago, mudpatten said:

Remember that the wording of the offence is quite specific. Injured, interrupted or endangered. A person simply "not liking it" does not constitute an offence.

 

Indeed. We had a cyclist last season try to claim we were standing too close to the road, and that she 'didn't like being surrounded by people with guns'. She went on her ( certainly not merry ) way after one of the guns told her in no uncertain terms she was wrong, and that she was more than welcome to contact the police if she felt she was right. The gun informing her of this is ex CID. 🙂