is this LEGAL

roering

Well-Known Member
your out stalking on your permmison , you come a cross a deer the bit of the land that your on is like a dogleg section and the bit of ground over the fence belongs to someone else but your still shooting on your ground the bullet is passing over there land but striking the deer on your land is it legal or not ,not done it was just wondering
 
Not legal. the moment you intentionally discharge your rifle for the bullet to pass over ground over which you don't have permission you have committed an offence.
 
Did you not ask the same question a couple of weeks ago? if not you someone did.

Not sure of the legality or not, but could see problems arising, IMO better not to.
 
Not condoning the action by any means, but somebody else may own the land, but do they own the airspace????
 
your out stalking on your permmison , you come a cross a deer the bit of the land that your on is like a dogleg section and the bit of ground over the fence belongs to someone else but your still shooting on your ground the bullet is passing over there land but striking the deer on your land is it legal or not ,not done it was just wondering

This is a wind up surely? If not, what does common sense tell you because that is usually not too far from the law? Next you're going to be telling us that you already have an FAC!

And Chris .222, it's not a good question. Anyone with even the slightest idea of firearms will know the answer to this. :doh:
 
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This is a wind up surely? If not, what does common sense tell you because that is usually not too far from the law? Next you're going to be telling us that you already have an FAC!

And Chris .222, it's not a good question. Anyone with even the slightest idea of firearms will know the answer to this. :doh:

It seemed like a decent enough question for the guy to ask. If he really didn't know, then better to ask it on here without the fear of being ridiculed, than to not know the answer. He already said it wasn't done, and I'm sure it was a theoretical question!!!! .......... Am I right Roering?)
 
Nor me which is why I said I was not sure of the legality, not condoning it and its certainly not etiquette but what you would do and what is legal are not always the same thing.
 
Only up to a certain point though. It extends to such a height as is necessary for the ordinary use and enjoyment of the land and any structures upon it. So planes, helicopters, UFO'S etc can fly over without trespassing.
 
I think we are splitting hairs here . Who wouldnt take the shot if the deer was stood on the shooters ground ? I would
 
To be correct it is actually an act of trespass providing the bullet passes through without incident. What is more interesting is that it is a CIVIL offence and as such the other landowner would have to pursue a prtivate prosecution. I actually find this quite interesting as although rare with rifles it is quite the norm for shotguns to be discharged on ones own ground with it finishing on someone elses, again a civil offence of trespass
 
Under scots law under the firearms act 1968 it is an offence. Reasonable cause to revoke FAC. Some friendly advice. Don't want to put a damper on things. And I'm sure it stands under English law as well
 
I'd be more inclined to ask if it was an offence.

Is it? and if it is, bearing in mind I live in Scotland, what offence would it be and what possible punishment could follow?

As I see it the "discharging" of the firearm would be perfectly lawful and the place where the bullet wound up would be perfectly lawful. Only if something went wrong would there be an issue but that's true every time we squeeze the trigger. Using a bit of airspace safely surely isn't a crime, planes fly over my ground all the time and I've no say in the matter. So, just what is the offence here?
 
Under scots law under the firearms act 1968 it is an offence. Reasonable cause to revoke FAC. Some friendly advice. Don't want to put a damper on things. And I'm sure it stands under English law as well

I'm sure it does! ...... Which is why it was a sensible thing for Roering to ask the question, than to simply not know.

Regards,
 
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