shooting from a stile yes or no

lister

Well-Known Member
rifle on stile standing off my permission muzzle in my permission
only cover I can use
I do not think it is armed trespass ie public right of way
I will ask landowner for permission
any ideas
 
I think that you will find that the public right of way and the stile is irrelevant in the scenario that you gave lister. The relevant part is that you are shooting on land on which you do not have permission to shoot. I can't see how the fact that the muzzle is on your permission makes any difference at all, you are still standing outside your permission and shooting.

You make it sound like the old myth that a girl can't get pregnant if she does it standing up and keeps one foot on the floor.:lol:
 
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one of the dullest questions I have ever heard, should you have firearm would be my next question, ask you FLO and watch the amazement on his face.
 
rifle on stile standing off my permission muzzle in my permission
only cover I can use
I do not think it is armed trespass ie public right of way
I will ask landowner for permission
any ideas

Nice one. You reckon it isn't trespass in the first instance so how can it become armed trespass, am I right? So, I guess you need to know if permission is required to shoot in a public place. In Scotland the foreshore is just such a place and it is OK for anyone to shoot there provided they aren't breaking any other laws. Yours is an interesting question. Clearly, I don't know the definitive answer but I suspect you haven't had that yet either.
 
i wasnt going to reply but i feel i must ,whatever you do dont do it on a swinging gate,:rofl: also make an hide on your perm,
 
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A RoW is owned by somebody. If you do not have permission from the land owner to be on that land with a loaded gun then I would view it as armed trespass if it were to become a police matter. As written by somebody else it is where you are standing that matters, you are holding the gun.
You are not in Scotland so you are subject to English/Welsh Law.
Stop shooting now and get hold of a copy of Parkes/Thornley book Deer Law and Liabilities, read it from cover to cover and then maybe start shooting again.
 
A RoW is owned by somebody. If you do not have permission from the land owner to be on that land with a loaded gun then I would view it as armed trespass if it were to become a police matter. As written by somebody else it is where you are standing that matters, you are holding the gun.
You are not in Scotland so you are subject to English/Welsh Law.
Stop shooting now and get hold of a copy of Parkes/Thornley book Deer Law and Liabilities, read it from cover to cover and then maybe start shooting again.

Can one be guilty of trespass on a PoW? even in England or Wales.
 
Interesting assumption. Any basis for it?

Nope. But on the basis a public right of way is ok, then you would be entitled to walk down the high street of your local town with a loaded firearm in your hands.......I think not. Just cos it's in the countryside and you have permission on the land adjacent, doesn't change the fact that you don't have permission to carry a loaded firearm on the PRoW.
 
Oh my god. Of course it's armed trespass. Jeebus.

It's the ARMED bit that makes it trespass. You're allowed to walk along there but not with a loaded gun.
 
rifle on stile standing off my permission muzzle in my permission
only cover I can use
I do not think it is armed trespass ie public right of way
I will ask landowner for permission
any ideas

I actually disagree with all the replies you've had so far.

I have checked this with BASC as I have a similar situation on one of my permissions.
It is Legal to shoot deer on land where you have permission to shoot, if you shoot it from a public right of way on neighbouring land, that runs adjacent to your boundary.

So in normal language: You can walk (armed) up the footpath on the neighbouring land, rest your rifle on the gate and shoot deer on your own land. Or shoot through a gap in the hedge.
Whether it is sensible to do it is another matter.
 
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Eric the right of way will run over someones land of which he does not have permission to shoot.
 
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You can ONLY use a PRoW on another persons land for the purposes of passage, or a reasonable 'rest' ie, a picnic. You CAN cross land you don't have permission to shoot on WITH a gun, as 'passage' but to shoot off it would constitute armed trespass, as you DONT have permission to shoot on that land.
 
I have checked this with BASC as I have a similar situation on one of my permissions.
It is Legal to shoot deer on land where you have permission to shoot, if you shoot it from a public right of way on neighbouring land, that runs adjacent to your boundary.

Did they provide any links to case law that confirms this or something else in legislation? In the absence of any such confirmation I'd err on the side of PRoW (in England & Wales) belonging to someone. The public simply have a right to walk that route. I believe there is case law which confirms this as a number of antis have, in the past, tried to use banners, klaxons and loiter with intent on footpaths with a view to disrupting shoots. This went to court and the case confirmed you can only walk the route - you can't stop and undertake other activities, like effing and blinding at a shooting party or, I imagine, take a pot shot at a deer on your permission?
 
you can be in a public place with a firearm if you have lawful authority and good reason if landowner says no then i will use a hide but i will use public footpath across his land to get to my permission
 
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