Firearms act was updated a couple of years ago to specifically say written permission required for the estate rifle rule.
It was updated to say that written permission is now needed with regards to the authority to use firearms on the premises, where verbal permission is no longer sufficient:
No, it was amended to say written authority to lend a rifle is required.It was updated to say that written permission is now needed with regards to the authority to use firearms on the premises, where verbal permission is no longer sufficient:
Having just read the section you mentioned, I think you're wrong.No, it was amended to say written authority to lend a rifle is required.
See 11A, in particular (3) (C) ii
View attachment 436650
Firearms Act 1968
An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.www.legislation.gov.uk
No, it was amended to say written authority to lend a rifle is required.
See 11A, in particular (3) (C) ii
View attachment 436650
Firearms Act 1968
An Act to consolidate the Firearms Acts 1937 and 1965, the Air Guns and Shot Guns, etc. , Act 1962, Part V of the Criminal Justice Act 1967 and certain enactments amending the Firearms Act 1937.
angliasporting.co.uk
Exactly this ^^^IIRC para (ii) was added to stop the situation where someone with a SGC would turn up, say, on a bought day’s shooting and lend a shotgun to a fellow gun who did not hold a SGC. The same could be true with a rifle - e.g. a visitor without a FAC is a member of a party staying on an estate in Scotland, he and another member (holding a FAC and who has bought his rifle along for the trip) go out with the guide to stalk deer, and both share and use the same rifle.
In each of the above examples both the lender and the borrower would be breaking the law, as the estate rifle exemption only applies if the lender holds the shooting and/or stalking rights, or has written authorisation from the person who does hold those rights.
Therefore to avoid breaking the law para (ii) was added so that the holder of those rights could issue permission to the lender to loan the rifle/shotgun.
This is why “or” sits between para (i) and para (ii).
If you are a lawful sporting tenant, or have written permission from the landowner to shoot on the premises, then you are deemed to be the occupier and you are already covered for the estate rifle exemption by para (i).
It is nicely explained here:
Borrowing Shotguns/Firearms | Anglia Sporting
IIRC para (ii) was added to stop the situation where someone with a SGC would turn up, say, on a bought day’s shooting and lend a shotgun to a fellow gun who did not hold a SGC. The same could be true with a rifle - e.g. a visitor without a FAC is a member of a party staying on an estate in Scotland, he and another member (holding a FAC and who has bought his rifle along for the trip) go out with the guide to stalk deer, and both share and use the same rifle.
In each of the above examples both the lender and the borrower would be breaking the law, as the estate rifle exemption only applies if the lender holds the shooting and/or stalking rights, or has written authorisation from the person who does hold those rights.
Therefore to avoid breaking the law para (ii) was added so that the holder of those rights could issue permission to the lender to loan the rifle/shotgun.
This is why “or” sits between para (i) and para (ii).
If you are a lawful sporting tenant, or have written permission from the landowner to shoot on the premises, then you are deemed to be the occupier and you are already covered for the estate rifle exemption by para (i).
It is nicely explained here:
Borrowing Shotguns/Firearms | Anglia Sporting
No, I don’t believe so.
The article you posted is incorrect as it quotes the legislation as saying “someone who has the right to enter the premises” when the current legislation states “someone who has the right to allow others to enter the premises”.IIRC para (ii) was added to stop the situation where someone with a SGC would turn up, say, on a bought day’s shooting and lend a shotgun to a fellow gun who did not hold a SGC. The same could be true with a rifle - e.g. a visitor without a FAC is a member of a party staying on an estate in Scotland, he and another member (holding a FAC and who has bought his rifle along for the trip) go out with the guide to stalk deer, and both share and use the same rifle.
In each of the above examples both the lender and the borrower would be breaking the law, as the estate rifle exemption only applies if the lender holds the shooting and/or stalking rights, or has written authorisation from the person who does hold those rights.
Therefore to avoid breaking the law para (ii) was added so that the holder of those rights could issue permission to the lender to loan the rifle/shotgun.
This is why “or” sits between para (i) and para (ii).
If you are a lawful sporting tenant, or have written permission from the landowner to shoot on the premises, then you are deemed to be the occupier and you are already covered for the estate rifle exemption by para (i).
It is nicely explained here:
Borrowing Shotguns/Firearms | Anglia Sporting
There’s also at least 2 points that are wrong in that link as well!It was updated to say that written permission is now needed with regards to the authority to use firearms on the premises, where verbal permission is no longer sufficient:
If you hold a sporting lease or otherwise have permission then you are deemed to be an occupier of the land, and by virtue of your lease (or "permission") you have the rights to enter the land for hunting purposes, and to lend an estate rifle to another person for the purpose of hunting, as per the conditions of the estate rifle clause, without any specific written authority to lend a rifle. It doesn't have to be written into the lease or "permission".
“Occupier” is no longer at all relevant, it is not contained in the legislation.
) holder / someone not controlling the sporting rights require specific written permission?
) to describe a piece of land over which someone has been granted the authority to shoot.
