changes to the law 2004

[Mad Pierre]

Anybody got a good link to somewhere that shows the changes to airgun law earlier this year? The TAC (Brocock) issue seems to be well covered most places I look but I believe the rules were changed for kids over 14 regarding the technicalities of "ownership" as well as possession in public places.
Most sites I go on still say they can "own" an airgun from 14 which I believe is technically no longer true.

Thanks

Pete

[Actaeon]

The Metropolitan Police website

[TheShootist]

There are some discrepencies between police advice and BASC advice. Both being there own interpretations of the law. For example:

http://www.met.police.uk/firearms-en...s/airguns2.htm

It is also an offence to discharge a firearm, including an airgun, within 50 feet of the centre of any 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.

http://www.basc.org.uk/content/lampingpractice

The Highways Act 1980 Section 161 in England and Wales, makes it an offence without lawful authority or excuse to discharge any firearm within 50 feet of the centre of the highway and in consequence of which the user of the highway is injured, interrupted or endangered. This does not apply to footpaths and bridleways.

So who's right ?

Tony

[Mad Pierre]

Thanks, very useful.

cheers

Pete

[SteveH]

There are some discrepencies between police advice and BASC advice. Both being there own interpretations of the law. For example:

http://www.met.police.uk/firearms-en...s/airguns2.htm

It is also an offence to discharge a firearm, including an airgun, within 50 feet of the centre of any 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.

http://www.basc.org.uk/content/lampingpractice

The Highways Act 1980 Section 161 in England and Wales, makes it an offence without lawful authority or excuse to discharge any firearm within 50 feet of the centre of the highway and in consequence of which the user of the highway is injured, interrupted or endangered. This does not apply to footpaths and bridleways.

So who's right ?

Tony

The highways act section 161 - Certain Kinds of Danger or Annoyance
Subsection (2)
If a person, without lawful authority or excuse, lights any fire, or discharges any firearm or firework, within 50 feet of the centre of a highway which consists of or comprises a carriageway, and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding £20 for a first offence and £50 for a second or subsequent offence.

The highway must be a carriage way therefore public footpaths and bridle ways do not count. - But in other parts of firearms law they do count as Public Places.

A Carriage way is described inSection 329 of the same act as :-

"carriageway" means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

Helps? BASC are right.

SteveH

[Mad Pierre]

Helps? BASC are right.

SteveH

Convincing the Police they are wrong though.....that's the hard part!

Thing I've found while looking around is that lots of on line stores are offering 'safety and the law' advise (which is good) but haven't updated to show that youngsters under 17 can't legally own a gun anymore (which is not so good).

[TheShootist]

Helps? BASC are right.
SteveH

Been doing some further research myself yesterday and had come to the same conclusion.


http://www.parliament.the-stationery...t/20416w01.htm

Found the written clarification by Lord Rooker datedTuesday, 16th April 2002.


" It is the responsibility of any person using a rifle or shotgun to ensure that any shots are made safely. Before starting to shoot they should be aware of all footpaths, bridleways and rights of way and ensure that the angles of fire are safe. It is not a specific offence to shoot across a public right of way. But doing so could amount to a common law nuisance; wilful obstruction of the highway under the Highways Act 1980, Section 137; or intimidation under the Highways Act, Section 130, if any person is threatened in any way.

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 50 feet of the centre of any highway which comprises a carriageway if, in consequence, any user is injured, interrupted or endangered. This applies to rights of way where there are vehicular rights only."

Tony