V8landy Posted October 3, 2008 Report Share Posted October 3, 2008 Hi Is it Ok (legal) to collect a bird that lands in a field that you have not been given permission to shoot on? Quote Link to comment Share on other sites More sharing options...
garyb Posted October 3, 2008 Report Share Posted October 3, 2008 No.. And if you take your gun - it's armed tresspass. Quote Link to comment Share on other sites More sharing options...
richie76 Posted October 3, 2008 Report Share Posted October 3, 2008 Really!!!! now I'm unsure!!!! I have spoken to my local gun smith about this and he says yes (the right to retrieve)..you have the right to go on UN ARMED and retrieve.. but i know nowt...your probably best off ringing BASC and hearing it from a shooting body Quote Link to comment Share on other sites More sharing options...
tulkyuk Posted October 3, 2008 Report Share Posted October 3, 2008 you have the right to retrieve, but leave your gun behind Quote Link to comment Share on other sites More sharing options...
mossy835 Posted October 3, 2008 Report Share Posted October 3, 2008 you have the right to retrieve, but leave your gun behind Quote Link to comment Share on other sites More sharing options...
webber Posted October 3, 2008 Report Share Posted October 3, 2008 It is my understanding that if a shot bird comes down on land over which you do not hold permission to shoot. The bird becomes the property of the land owner. If you send your dog, it is trespass; if you enter onto the land yourself it is also trespass; these are civil offences. However if you enter onto the land with your gun it is considered to be armed trespass; this is a criminal offence. webber Quote Link to comment Share on other sites More sharing options...
V8landy Posted October 3, 2008 Author Report Share Posted October 3, 2008 And if know one sees you...it is yours! Quote Link to comment Share on other sites More sharing options...
slarti54 Posted October 3, 2008 Report Share Posted October 3, 2008 Lol. Quote Link to comment Share on other sites More sharing options...
ziplex Posted October 3, 2008 Report Share Posted October 3, 2008 I'd like to know for definate, I downed a Goose which came down in an ajoining field to an area we can shoot last friday. We packed up and wandered around aimlessly for 20 minutes in long grass, in the dark but couldn't find it....needless to say I was gutted...and annoyed I hadn't packed my headtorch, not that it would of helped too much Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted October 3, 2008 Report Share Posted October 3, 2008 Google says...... 26. What is trespass? A person who strays from a right of way, or uses it other than for passing and repassing (see Q1) commits trespass against the landowner. In most cases, trespass is a civil rather than a criminal matter. A landowner may use “reasonable force†to compel a trespasser to leave, but not more than is reasonably necessary. Unless injury to the property can be proven, a landowner could probably only recover nominal damages by suing for trespass. But of course you might have to meet the landowner’s legal costs. Thus a notice saying “Trespassers will be Prosecutedâ€, aimed for instance at keeping you off a private drive, is usually meaningless. Criminal prosecution could only arise if you trespass and damage property. However, under public order law, trespassing with an intention to reside may be a criminal offence under some circumstances. It is also a criminal offence to trespass on railway land and sometimes on military training land. BASC says......Armed trespass. It is an offence to enter any building, part of a building or land with a firearms without reasonable excuse. Section 20 firearms act 1968. So if you trespass with a firearm with the intention of retrieving a lawfully shot bird then I dont think you commit an offence. If you are asked to leave then do so and dont cause damage. Harry Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted October 3, 2008 Report Share Posted October 3, 2008 If you send your dog, it is trespass; I don't think a dog can commit a criminal offence and you could not be prossecuted for allowing your dog to trespass. Other offences maybe but not trespass. Harry Quote Link to comment Share on other sites More sharing options...
markbivvy Posted October 3, 2008 Report Share Posted October 3, 2008 you need the landowners permission to retrieve any fallen game/vermin. Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted October 3, 2008 Report Share Posted October 3, 2008 you need the landowners permission to retrieve any fallen game/vermin. Is that just what you have been told or can you show us where it says that? Cheers Harry Quote Link to comment Share on other sites More sharing options...
markbivvy Posted October 3, 2008 Report Share Posted October 3, 2008 you need the landowners permission to retrieve any fallen game/vermin. Is that just what you have been told or can you show us where it says that? Cheers Harry its on the tinternet somewhere H. will have a butchers mate. Quote Link to comment Share on other sites More sharing options...
webber Posted October 3, 2008 Report Share Posted October 3, 2008 Harry Quote my post by all means, but at least do me the courtesy of reading it correctly before offering your opinion. You can't go tramping over land, with or without dog or gun, in pursuit of shot quarry or not! As Markbivvy states, you require the land owners permission to stay legal. webber Quote Link to comment Share on other sites More sharing options...
markbivvy Posted October 3, 2008 Report Share Posted October 3, 2008 a quick search found this All dogs must, in public places, wear a collar marked with the owner’s name and address – except when being used for sporting purposes which include picking up. All dogs must be kept on a lead when on a designated road – except when being used for sporting purposes. Trespass is committed if dogs are sent to retrieve shot game from land without prior consent of the landowner or occupier. Owners commit an offence if their dogs worry (frighten, kill or injure) livestock. so if dogs cant be sent, you cant go yourself. basc web site. http://www.basc.org.uk/content/pickuppractice Quote Link to comment Share on other sites More sharing options...
Piebob Posted October 3, 2008 Report Share Posted October 3, 2008 Hi Is it Ok (legal) to collect a bird that lands in a field that you have not been given permission to shoot on? My understanding is that the 1st response (garyb's one) is correct. You don't mention if the bird is a pigeon or a pheasant, partridge or whatever else and I don't know if it makes any difference but I suspect that it'd all be technically classed as poaching. You'd have to be unlucky to meet someone who minded I think but it's always possible. See link. http://www.sportinggun.co.uk/shootinganswe...still_mine.html Quote Link to comment Share on other sites More sharing options...
richie76 Posted October 3, 2008 Report Share Posted October 3, 2008 well thats it then.. and if you nip on to retrive without permission dont get caught...lol Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted October 3, 2008 Report Share Posted October 3, 2008 Webber, No offence intended. I did read your post and did not mean to misrepresent what you posted. I am not trying to say walk where you want but more if you do wander onto someones land providing you dont misbehave there is nothing realistically that can be done providing you leave when asked. Even if you do have your gun and just go onto their land to retrieve some shot quarry you have a reasonable excuse. Mark, Thanks for that. I have never heard of dogs trespassing before. I would be interested to see that one go to court! Harry Quote Link to comment Share on other sites More sharing options...
DaveK Posted October 3, 2008 Report Share Posted October 3, 2008 you need the landowners permission to retrieve any fallen game/vermin. Is that just what you have been told or can you show us where it says that? Cheers Harry I thought you were a copper? Go onto your intranet into the legal stuff and search for it. Buy a book called "Fair Game" it puts the wildlife and countryside act into plain English and explains the legalities of shooting. You've already had the answer. It's trespass. you need the landowners permission. It's on his land it belongs to him if it's dead. On the other hand if you're trespassing with the intention of putting wounded quarry out of it's misery, although still trespass, it's unlikely you'd get the chop for it. But the beastie still belongs to the landowner/tenant. Quote Link to comment Share on other sites More sharing options...
Dirty Harry Posted October 3, 2008 Report Share Posted October 3, 2008 I thought you were a copper? Go onto your intranet into the legal stuff and search for it. If I was at work I could but I am not. Is that OK? Quote Link to comment Share on other sites More sharing options...
DaveK Posted October 3, 2008 Report Share Posted October 3, 2008 I thought you were a copper? Go onto your intranet into the legal stuff and search for it. If I was at work I could but I am not. Is that OK? If it's okay with you it's okay with me matey Quote Link to comment Share on other sites More sharing options...
Harnser Posted October 4, 2008 Report Share Posted October 4, 2008 What if you carry a long pole and lean over the fence and drag the shot bird back . May be a set of drain rods in your game bag to hook it out of your neighbours field . think i will patent this idea . you saw it first on P.W. . Harnser . Quote Link to comment Share on other sites More sharing options...
Harnser Posted October 4, 2008 Report Share Posted October 4, 2008 Comman sence and not comman law prevails on this one . If its a game bird leave it were it is .Or if you are desperate to pick it up seek permision from the landowner . If its a deer ,then that is slightly different as you may want to take your rifle to put in the finishing shot . Then you must seek permission ,or you will be in serious trouble . Then the problem would arise as to wether you had an open ticket or a closed ticket on the land that you just shot the deer on . It goes on and on . Harnser . Quote Link to comment Share on other sites More sharing options...
tony2 Posted October 4, 2008 Report Share Posted October 4, 2008 i was shooting on a 50 acre field which was borderd on three sides by fields owned by a differnt farmer what i did was to ring the farmer and ask if i could pick up any birds that landed in his fields he said i could and because i had asked and and not just gone on to the fields with out asking i was given permission to shoot on his land too . moral to the story ask first and you might be as lucky as i was and get more shooting permission or at least get in in to the good books of the person who owns the land and as we all know once you have the farmers trust this can lead to sometimes more shooting . regards tony Quote Link to comment Share on other sites More sharing options...
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