ozzy518 Posted July 13, 2009 Report Share Posted July 13, 2009 According to the Home Office Firearms Law Guidance of 2002: "The term “occupier” is not defined in the Firearms Acts, nor has a Court clarified its meaning." It goes on to 'suggest' that police forces 'may' wish to use the definition in section 27 of the Wildlife and Countryside Act 1981, which states that ‘“occupier” in relation to any land, other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish’. The guidance is therefore helpful but doesn't appear to be definitive, especially as it adds that "on some occasions though, where the status of a certificate holder acting as an occupier is an issue, the chief officer may need to consider seeking the advice of counsel". Of course, there may have been court cases on this point since 2002, in which case I for one would be interested in the details. This is in all probability the most accurate reply given thus far.. The Firearms consultative committee suggested that when taking the definition of occupier the relevant police forces may wish to use the definition as in the Countryside and Wildlife Act. No act of parliament or subsequent Case Law has as yet set a legal precedent. What we are left with is having some counties still using the Firearms Act whilst others use the meaning from the CWA. To ensure that you remain legal I would suggest, as previously posted, that the best option is to contact your FEO for his input. Quote Link to comment Share on other sites More sharing options...
Gareth W Posted July 13, 2009 Report Share Posted July 13, 2009 Butting in again! The LAW is clear - 'a person, not having a certificate, may borrow a gun from the occupier of land and use it under their supervision'. 'Occupier' has been extended over the years by Court definitions so that it now includes a person who has the shooting rights - or permission to shoot over the land, so any person with a certificate and permission to take someone else on to the land to shoot can allow a friend to borrow their gun and shoot with it under their supervision. 'Under their supervision' has also been clarified by court decisions, and the most up to date definition I can find is 'within sight and sound, and with a degree of control if needed.' The fact that some Police forces may try to have their own local version of this is irrelevant - the courts will follow the LAW, not the local police policy. Once again, that is why all of our members have the legal fees insurance! Is this Scottish Law or English and Welsh law as the 2 differ quite a lot. Quote Link to comment Share on other sites More sharing options...
al4x Posted July 14, 2009 Report Share Posted July 14, 2009 This is in all probability the most accurate reply given thus far.. The Firearms consultative committee suggested that when taking the definition of occupier the relevant police forces may wish to use the definition as in the Countryside and Wildlife Act. No act of parliament or subsequent Case Law has as yet set a legal precedent. What we are left with is having some counties still using the Firearms Act whilst others use the meaning from the CWA. To ensure that you remain legal I would suggest, as previously posted, that the best option is to contact your FEO for his input. depends if its changed in the 7 years since then Quote Link to comment Share on other sites More sharing options...
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