Axe Posted May 12, 2005 Report Share Posted May 12, 2005 (edited) I have recently gained permission of around 15 acres just out of town. After inspecting the land with its owner i've found a good deal of rabbits. However the main concentration appear to be along a footpath that runs through the middle of the permision. Speaking with the owner, he says that the path is very rarely used. Looking at one section of it that is completely overgrown with nettles, he appears to be telling the truth. I have just scanned the BASC website looking for the answers, but have been unable to find anything conclusive. Whilst doing so I found a section on shooting near a road (the 50 feet rule) which also affects this permission but read the paragrapgh to mean; It is okay to shoot near a highway so long as you don't interfear with the users (Edited for rjimmer :unsure:) of the said highway. Does this then apply to the footpath? Thanks in advance for any advice given. Regards, Axe. Edited May 13, 2005 by Axe Quote Link to comment Share on other sites More sharing options...
rjimmer Posted May 12, 2005 Report Share Posted May 12, 2005 Yep, you got it right, appart from one letter in your post. 'Users', not 'Uses' of the highway must not be interfered with! You can shoot on a highway, where the land has not been purchased by the highway authority to build the said highway, because ownership, to the centre of the road, belongs to the adjoining landowner. You must have permission of that landowner, of course. If the land on both sides of the road is in the same ownership, then the whole road, or at least the land under it, belongs to them. Poaching prosecutions against mobile urchins are much easier when this is the case. Quote Link to comment Share on other sites More sharing options...
sussex lad Posted May 12, 2005 Report Share Posted May 12, 2005 Rimmer got it right asual ! But i would say use discretion as thoses of the knee lengh sock and hikeing boots brigade will stop at nothing to ruin your day!!! :unsure: As a avid greenlaner i hate ramblers with every breath in my body. Most of the golf courses i shoot on have public footpaths running through them and i have had many a runnin with some **** trying to tell that what i'm doing is illegal.Can be quite good fun actually!!!! So shoot away . Cheers Brian.... Are we ever going to meet up?B) Quote Link to comment Share on other sites More sharing options...
red_stag88 Posted May 12, 2005 Report Share Posted May 12, 2005 So shooting on a foot path is legal? I was always under the impression I had to be 30yrds away. I have left a busy rabbit patch unmolested for years because of the fact there is a footpath through it. Are the rules the same for shotgun too? Quote Link to comment Share on other sites More sharing options...
Vulcha Posted May 12, 2005 Report Share Posted May 12, 2005 Isn't that a public highway or main road or something red? Quote Link to comment Share on other sites More sharing options...
deadeye ive Posted May 12, 2005 Report Share Posted May 12, 2005 rjimmer can you clarify your comments as i have permission to use land on both sides of a b-road and they are owned by the same person.Do i need to conceal or bag my gun when crossing this highway? :unsure: Quote Link to comment Share on other sites More sharing options...
SNAKEBITE Posted May 13, 2005 Report Share Posted May 13, 2005 Do i need to conceal or bag my gun when crossing this highway? If DESERTED then you could try it. If there is anyone within sight then don't risk it. However thinking about it realistically I'd wait until someone posts the LEGAL METHOD. :unsure: Quote Link to comment Share on other sites More sharing options...
SNAKEBITE Posted May 13, 2005 Report Share Posted May 13, 2005 Brian, Are you up for Sunday with your Falcon? AXE is joining in so you could get to meet him! ....... although I wouldn't get TOO excited he's a nice bloke and all that but well ........ :unsure: B) Quote Link to comment Share on other sites More sharing options...
Axe Posted May 13, 2005 Author Report Share Posted May 13, 2005 You can shoot on a highway, where the land has not been purchased by the highway authority Thanks for that rjimmer. But what if the road is owned by the highway authority, lets say a small country lane or B road. I still read the paragraph the same. And of course, at all times, I am concious of my surroundings and use the upmost discretion at all times. Common sense goes along way if used wisely. Regards, Axe. Quote Link to comment Share on other sites More sharing options...
henry c Posted May 13, 2005 Report Share Posted May 13, 2005 As far as i know your meant to be 17 yrds from a public right of way when using any gun or airgun. i suppose this is close concidering the effective range of a shotgun is 35 yrds. Quote Link to comment Share on other sites More sharing options...
Axe Posted May 13, 2005 Author Report Share Posted May 13, 2005 This is what I read from the BASC website, just so everyone is clear. Public Places A public place is anywhere where the public are allowed to go even though they may have to pay to be there. Roads, streets, footpaths, public parks, play areas and canal towpaths are all examples of public places. It is an offence for anyone to have an air rifle – whether it is loaded or not – in a public place unless they have a reasonable excuse for doing so, for example, whilst on the way to a gunshop or to a shooting club. Trespass It is against the law to trespass on any land (including land covered by water) or in any building, while you have an air rifle with you. Whether the gun is loaded and whether or not you have pellets with you is irrelevant. If you go onto land without permission, you are trespassing, unless there is some right of access for the public. If there is a right of access for the public the restrictions set out above will apply. Trespass with an air rifle is 'armed trespass', a criminal offence, the penalties for which can be severe. As well as the offences already mentioned, it is against the law, in England and Wales, to fire an air rifle within 50 feet of the centre of a highway, if by doing so you cause any member of the public, using that right of way, to be injured, interrupted or endangered. This offence could be committed, for example, by someone on private property close to a road who uses an air rifle in a way which endangers people on the road. Quote Link to comment Share on other sites More sharing options...
Stalker_2 Posted May 13, 2005 Report Share Posted May 13, 2005 This is what Avon and Sommerset Constabulary have put on their web site. It is also an offence to discharge a firearm, including an airgun, within 50 feet of the centre of a highway. This includes roads, bridle-paths or public footpaths. The offence is complete if a member of the public is injured, endangered or even just alarmed by the incident. I suppose the hardest thing to prove is the 50' from the centre bit. If you say you were 51' there is no offence, but you have to be able to determin the centre of the footpath. :unsure: Cheers S_2 Quote Link to comment Share on other sites More sharing options...
Axe Posted May 13, 2005 Author Report Share Posted May 13, 2005 The offence is complete if a member of the public is injured, endangered or even just alarmed by the incident But to me this reads that no offence is committed unless you cause greif, of any, kind to a public member. In other words you can safely take a shot from within 50ft of the centre of the highway if, no one is about. Quote Link to comment Share on other sites More sharing options...
Sergeant Posted May 13, 2005 Report Share Posted May 13, 2005 I have a similar situation to you in that I have to cross a minor road and an unclassified road to get to all the parts of my permission. So far I have managed to get across without being spotted, but I did see some walkers on the road just after I had got in to the field. Thankfully there arnt any footpaths, although the local ramblers seem intent on fixing that. Quote Link to comment Share on other sites More sharing options...
Stalker_2 Posted May 13, 2005 Report Share Posted May 13, 2005 It has always been so. Just as its only an offence to have a weapon in a public place "without a reasonable excuse" I would argue that crossing a minor road to get to another part of your land is a reasonable excuse, and I act accordingly. :unsure: Cheers S_2 Quote Link to comment Share on other sites More sharing options...
Axe Posted May 13, 2005 Author Report Share Posted May 13, 2005 Ive just phoned BASC and got them to explain the whole thing. 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. With all this explained, I still think that a large amount of discretion is required. Out of site, out of mind! Thanks for the help guys, Regards, Axe. Quote Link to comment Share on other sites More sharing options...
SNAKEBITE Posted May 13, 2005 Report Share Posted May 13, 2005 I suppose it is all down to common sense. Oh well thats me B******d then. :unsure: Quote Link to comment Share on other sites More sharing options...
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