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Thread: Confirmation please

  1. #1

    Confirmation please

    I think I know the answer to this question but would like confirmation that I am correct.
    My neighbour is a tenant farmer. His son (30s) is interested in shooting. I was thinking of taking him rabbiting on their farm with a .22 RF and letting him have a go.
    I have an "open" FAC and the land is approved in any event. From memory, so long as I accompany him what I propose accords with the law.
    Am I right?

    Thanks in advance.

  2. #2
    I think it is covered by S16(1) Firearms (Amendment) Act 1988 and I am his father's servant!

    http://www.legislation.gov.uk/ukpga/1988/45/section/16

  3. #3
    Yes, that's the legislation that covers what is commonly called the 'estate rifle' exemption. Someone who is 17 or over and who isn't a prohibited person can use your rifle in your presence. 'Occupier' of the land is ambiguous but is usually interpreted as the land owner, tenant or person who has the shooting rights and so far as I am aware this has never been challenged as anything otherwise in court.

  4. #4
    It would be advisable to find out if the tenant has permission off the owner to shoot anything on the land first, otherwise YOU may be found guilty of armed trespass.
    HWH.

  5. #5
    Quote Originally Posted by stag1933 View Post
    It would be advisable to find out if the tenant has permission off the owner to shoot anything on the land first, otherwise YOU may be found guilty of armed trespass.
    HWH.
    stag1933, Iam with you on this one, better ask rather than find yourelf in trouble with the Ploice, and your local FA dept

  6. #6
    Thanks. Better to ask him to come over to my place I think!

  7. #7
    In relation to ground game the Ground Game Act of 1880 stipulates that a tenant not only has the right to control ground game but cannot divest himself of that right.
    However nothing involving game laws is straightforward... the tenant can only authorise one person to use firearms.
    This is Victorian legislation aimed at the situation where a landowner reserved all rights and would not pemit a tenant to control rabbits and hares. It is old but still on the statute book.
    It follows that even if the landowner did not consent to ground game being controlled then the tenant has the absolute right to take it. In the situation posed however the tenant, having authorised our member could not authorise another to use firearms under the provisions of that specific Act.

  8. #8
    I think this is referred to as the "named gun" provision.

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