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Thread: Shooting Magpies in your garden???

  1. #1
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    Shooting Magpies in your garden???

    Can someone confirm once and for all, can you legally shoot Magpies in your garden if they are killing/destroying songbird eggs, chicks, adult birds etc. if it is done safely without the pellet leaving your property. I ask because there has been some misunderstanding on a thread currently running. On reading the licensing act it can become unclear and confusing.

  2. #2
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    Don't know where the confusion is?

    Go to the BASC site and find the general licence section. Follow the link and it takes you to all the licences for ENGLAND.

    There is a licence that allows certain species of bird to be killed for the protection of wild birds.

    Magpies are on the list.

    HTH,

    Steve.

  3. #3
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    Quote Originally Posted by ateallthepies View Post
    Don't know where the confusion is?

    Go to the BASC site and find the general licence section. Follow the link and it takes you to all the licences for ENGLAND.

    There is a licence that allows certain species of bird to be killed for the protection of wild birds.

    Magpies are on the list.

    HTH,

    Steve.
    Well i thought you could but you know what regulations are like, you think you understand it but actually you are wrong. 'Solicitors speak' and all that!

  4. #4
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    There should be no problem as long as your not "Baiting" them in and as long as no pellet leaves your boundaries.

    ATB
    Ray.

  5. #5
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    thats ok i want to shoot magpies in my garden because they are always trying to attack my guinea pig,just wondered what would happen if the neighbours report me ??

  6. #6
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    Check list.

    Here is a simple checklist

    * Are you old enough to shoot the weapon without supervision (Over 18) and you have license (if gun is FAC)?

    * Are you authorised? (Yes, the land is yours or the owner gave you permission)

    * Is the bird you are shooting on the General License? (Magpies are in WML Gen-L08 - Licence to kill or take certain birds to conserve wild birds)

    * Is your reason justified & valid for the bird you are shooting
    Prevent damage to crops,
    Conservation of other wild birds, (Magpies do affect local wildlife count)
    Preserve public health etc

    Note: you cannot shoot a wild pigeon saying it affects local wild life... similarly cannot say magpies eat all your crops... simple really...

    * Will the pellet stay within your land's boundaries If no, do you have permission from the neighbouring land owner for your pellets to fall in his land?

    * Finally, the kill should be made humanely, the carcass must not be displayed in a manner that is offensive to passer's by who might happen to look at it... (Chances of your neighbour complaining)

    As a final note make sure the magpie doesn't drop dead on thier garden tea table (esp. when they are having tea).

  7. #7
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    Quote Originally Posted by pellyman View Post
    thats ok i want to shoot magpies in my garden because they are always trying to attack my guinea pig,just wondered what would happen if the neighbours report me ??
    protection of livestock

  8. #8
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    Indeed

    Steve.

  9. #9
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    Quote Originally Posted by aandu View Post
    Here is a simple checklist

    * Are you old enough to shoot the weapon without supervision (Over 18) and you have license (if gun is FAC)?

    * Are you authorised? (Yes, the land is yours or the owner gave you permission)

    * Is the bird you are shooting on the General License? (Magpies are in WML Gen-L08 - Licence to kill or take certain birds to conserve wild birds)

    * Is your reason justified & valid for the bird you are shooting
    Prevent damage to crops,
    Conservation of other wild birds, (Magpies do affect local wildlife count)
    Preserve public health etc

    Note: you cannot shoot a wild pigeon saying it affects local wild life... similarly cannot say magpies eat all your crops... simple really...

    * Will the pellet stay within your land's boundaries If no, do you have permission from the neighbouring land owner for your pellets to fall in his land?

    * Finally, the kill should be made humanely, the carcass must not be displayed in a manner that is offensive to passer's by who might happen to look at it... (Chances of your neighbour complaining)

    As a final note make sure the magpie doesn't drop dead on thier garden tea table (esp. when they are having tea).

    this is not true you must try other means possible of scaring the bird away first
    sorted

  10. #10
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    You need to tread very carefully.

    Unless you are able to demonstrate that magpies are killing songbirds etc. ON YOUR PROPERTY you could be at risk of prosecution.

    And you need to be able to argue that other methods of scaring them off are ineffective.

    I suggest you keep a record of the number of songbird nests, eggs, fledglings, visits to your bird table and feeders etc. and photograph e.g. eggs eaten etc. so you could demonstrate that the Magpies you shot were a problem on your property, and that your control measures have improved the survival rate of songbirds.

    Its not enough to state that magpies are unpleasant creatures which destroy songbirds... so should be killed at every opportunity.

    That is unreasonable, they are a native species and are expected to live in balance with other birds. Extermination would be no more acceptable than extermination of native raptors. Citation on an open license does not mean that they may be shot at will.

    Just as it would be illegal to shoot a pigeon in your garden, unless you could argue that it was causing damage to your crops and that you had tried or could argue that other non lethal control measures had either been tried or would be ineffective. Or you could try the health risk option too

    The bottom line is that shooting any birds in a domestic garden is just asking to be prosecuted. Its a different matter when engaging in genuine pest control over e.g. a smallholding or farm.

  11. #11
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    Hi super,

    please don't think i'm on your case but in the licence for protecting wild birds we have both linked i can't find where it says you must demonstrate 'other methods' of control like with the licence for preventing serious damage or disease does in paragraph no. 5.

    ATB,

    Steve.

  12. #12
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    I'd say have a chat with your neighbours first cos if it upsets them they'll moan to every body (RSPCA ,cops ) whether your in the right or not and make you life hell!!!
    Cheers Lloyd

  13. #13
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    I totaly agree even if the person shooting is fully within their rights.

    All it takes is one narked neighbor who knows his law and and some fired pellets on their property whether it came from your gun or not and the shooter could be in trouble.

    Steve.

  14. #14
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    The law is based upon what is reasonable in the circumstances. No need to go to the extreme lengths above. Providing what you do is reasonable you will have no problem...

  15. #15
    laity is offline Dumb “Platinum” Blonde
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    I did not know that..you learn something new every day. I figured that if a Maggie or pigeon land in your then its game on as it were?

    Well i stand corrected. Another good reason to read the BBS everyday!!!

    LAity
    Lots and lots of guns !

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