Guns in "public"

[Portzy]

I’m familiar with the need to carry an unloaded gun in a slip when in public but I am worried as to when the notion of “in public” ends and “private” starts.

I’ll explain.

I have access to a number of farmers fields making up a large rectangle the longest sides of which run roughly North/South.

I leave home and walk towards my shoot, a couple of hundred yards, via a public road and lane and the gun is covered. Access to the South/West corner of my shoot is by a public footpath, the entirety of which is within the shoot boundary.

Running through the shoot are two more public footpaths all of which are within the shoot boundary. One runs North/South and the other East/West.

Now, as I understand it, public footpaths running through and/or within shoot boundaries have joint/shared used of both the shooting rights owner or their guests and, members of the public. So, you may shoot either from or over them provided that you do not interfere with members of the public.

I still have some doubts though.

Once instantly on the footpath(s) and within the shoot boundary I can un-slip, shoot, correct? The thing is, the “public” can still see me from some caravans which are literally 10 feet away and the line of caravans run for about four hundred yards. In all likelihood I would not shoot for PR reasons but am I okay from an un-slipped gun perspective.

Similarly, when substantially within the boundaries and I either walk along or cross a footpath am I supposed to re-slip, not shoot, etc and if so how far away from footpaths or in view of the public do I need to be.

Thanks.

[gc93]

hi , my view to your worries / problem would be , as all gun law is the same from one end of the country to the other and from what ive heard and read every firearm office has their take on it. I would ask your area FLO for his/ her view / advice. public with mobiles-antis-and such like can = exited blues and twos , dog vans, possible deployment of armed response / helicopters etc.

[32:1]

Im not 100% certain and Im sure someone will come along and tell you, but I thought it was 50ft or 17yards from any public area, and in no case must you cause stress or alarm, I also think your pellet must not cross a public path/highway.

I try to be as hidden as I can in a few of my perms, on one which is a large livery stables with 150 horses and owners all over it, I carry my rifle now in a fishing holdall and they wave and say hello, I started there in a slip they scowled and pointed. So now they think im going fishing in lake as I walk from carparks, which keeps the farmer happy as they have stopped calling him, and he then has to explain Im allowed!!!

Regards

Chris

[rhyslightnin]

Im not 100% certain and Im sure someone will come along and tell you, but I thought it was 50ft or 17yards from any public area, and in no case must you cause stress or alarm, I also think your pellet must not cross a public path/highway.

I try to be as hidden as I can in a few of my perms, on one which is a large livery stables with 150 horses and owners all over it, I carry my rifle now in a fishing holdall and they wave and say hello, I started there in a slip they scowled and pointed. So now they think im going fishing in lake as I walk from carparks, which keeps the farmer happy as they have stopped calling him, and he then has to explain Im allowed!!!

Regards

Chris

I was corrected over the 50ft rule a while ago after I got the distance wrong and a pertinent point was made in that the law says you aren't allowed to shoot within 50ft "if" you alarm/distress or cause an accident or something. So technically you can shoot within 50ft if your not bothering anyone. Now.. I see this as a "rule number one, don't get caught" situation or if a "bear poo's in the woods, no one is going to hear it" instance where common sense and gut feeling will guide you. The Likelihood of anyone "catching" you will deminish to very little if your being sensible, sensitive to others and safe., & If it doesn't 'feel' right just don't do it.
It sounds to me like you already are.
Rhys

Ps, as for hiding away.. I'm not sure about that, I think shyness with a rifle could get people feeling funny, I've always smiled and said good afternoon to anyone who sees me with my rifles, as I think it reassures them your supposed to be there and your not sneaking around

[MartynB]

I was corrected over the 50ft rule a while ago after I got the distance wrong and a pertinent point was made in that the law says you aren't allowed to shoot within 50ft "if" you alarm/distress or cause an accident or something

I may be wrong, but I thought the wording was "within 50ft of the middle or center of a public highway..."

[DedIdick]

Surely this has been done to death before!!

In England & Wales it is an offence without lawful authority or reasonable excuse to
discharge any firearm within fifty feet of the centre of a highway which consists of
or comprises a carriageway, and in consequence a user of the carriageway is
injured, interrupted or endangered. [Section 161(2) of the Highways Act 1980 as
amended]. It is important to remember that the discharge of a firearm is not
prohibited in itself. It must also be proved that there was an injury, or that
someone’s passage was interrupted or interfered with e.g. they have been forced to
make a detour.
For the purposes of Section 161 (2) of the Highways Act 1980 (as amended), a
‘highway’ is restricted to a public right of way for the passage of vehicles and does
not include footpaths, cycle tracks or bridleways.

[32:1]

[QUOTE=rhyslightnin;7268636

Ps, as for hiding away.. I'm not sure about that, I think shyness with a rifle could get people feeling funny, I've always smiled and said good afternoon to anyone who sees me with my rifles, as I think it reassures them your supposed to be there and your not sneaking around [/QUOTE]

Im not hiding just walking through the stables, paddocks and gallops to get to the woods and lakes, I do NV the paddocks once the horses are in ofcourse, but I spend hours over there and once Ive left paddocks I dont see anyone at all.

[bighit]

if you have permission to be there then why shy away? I know its different up here with the right to roam rule where anyone WITHIN reason can walk where ever they like.


I have permission on my brother in laws farm. there is a woman that is an anti and if she sees me getting out of the wife's car when she drops me off ,she grabs her dog and tramps through the field with her dog chasing the rabbits.

I can't stop her due to right to roam and my brother in law has spoken to her as has the estate game keepers. She owns her house there rather than rents off the estate like all the rest.

she wont go out if its the estate game keepers as they have their dogs with them.


when she comes out with the dog, I unload the rifle and remove my magazine if using the .22lr and put the rifle on my shoulder. I used to put it in the slip but the gamekeeper said why? you have the right to be there.




I have to call in to the MOD police that patrol near my land so if the police gets a call about a guy with a gun in the field ,they call the MOD police to check as they are armed and local. I have had them been called by the woman above before . they tell her its above board as I have called in.

[bighit]

Surely this has been done to death before!!

what about Scotland? can we stand in the middle of the road and shoot

[DedIdick]

what about Scotland? can we stand in the middle of the road and shoot

Yes & No!

Yes if there's no one there who'll complain, no if there is a moaning minie there otherwise it might be considered a "Breach" or "action likely to cause a Breach of the Peace"!

In Scotland, the Highways Act, does not apply but the offence of “reckless endangerment” exists under common law.

[angrybear]

As per post #6, the 50ft rule does not apply to public footpaths so there is nothing legal to worry about it's only the "PR" side of things which you sound like you treat very well as is.

Re the slip, there is no requirement in law again it's just a "PR" or common sense matter, if the gun is out it appears more "threatening" to members of the public so it will get reported, where they probably hardly notice a gun slip.

I will add that many if not quite all police seem to think it is a legal requirement, RFD's insist that customers cover their guns, because as said above, it's common sense & good for "PR".

[DedIdick]

if you have permission to be there then why shy away? I know its different up here with the right to roam rule where anyone WITHIN reason can walk where ever they like.


I have permission on my brother in laws farm. there is a woman that is an anti and if she sees me getting out of the wife's car when she drops me off ,she grabs her dog and tramps through the field with her dog chasing the rabbits.

I can't stop her due to right to roam and my brother in law has spoken to her as has the estate game keepers. She owns her house there rather than rents off the estate like all the rest.

she wont go out if its the estate game keepers as they have their dogs with them.


when she comes out with the dog, I unload the rifle and remove my magazine if using the .22lr and put the rifle on my shoulder. I used to put it in the slip but the gamekeeper said why? you have the right to be there.




I have to call in to the MOD police that patrol near my land so if the police gets a call about a guy with a gun in the field ,they call the MOD police to check as they are armed and local. I have had them been called by the woman above before . they tell her its above board as I have called in.

She's supposed to keep her dog under control; the land owner should have a word; she may have the "Right to Roam" but the dog does not!!

The Access Code says:

Access rights apply to people walking dogs as long as their dogs are kept under proper control. Your main responsibilities are:
•Farm animals: •Never let your dog worry or attack farm animals.
•Don't take your dog into fields where there are lambs, calves or other young farm animals.
•If you go into a field of farm animals, keep your dog(s) on a short lead or under close control and keep as far as possible from the animals.
•If cattle react aggressively and move towards you, keep calm, let the dog go and take the shortest, safest route out of the field.

[RobF]

I’m familiar with the need to carry an unloaded gun in a slip when in public...

There's nothing in law to support this.

However there are laws about having an air rifle in a public place without a good reason (or being under age).

So having it un-slipped walking down the road may undermine the idea that you have a good reason to be there. Conversely having it unslipped as you walk across a public footpath may not.

[rhyslightnin]

I may be wrong, but I thought the wording was "within 50ft of the middle or center of a public highway..."

Yes, I was corrected to 50ft, sorry that wasn't clear.. I previously thought it was 50yards

[rhyslightnin]

Surely this has been done to death before!!

So my interpretation that it's only illegal if someone has a problem with it isn't far wrong..., Just have to be aware and careful.
Thanks for the post, I know it's done to death but it's always good to keep it current for new users and old ones alike.
Rhys