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Thread: "Negiligent Discharge"

  1. #1

    "Negiligent Discharge"

    We have an ongoing discussion in the Wildfowling club - seems that there is an idea that should shot land in an area where you have no shooting permission there may be the possibility of a criminal charge of negligently or recklessly discharging a shotgun.

    Since our new neighbours are sporting RSPB badges there is an obvious concern here.

    A call to BASC produced the verbal response that yes this possibility exists but no information on a reference source - i.e. where is this written down or where / when has such a prosecution taken place and what was the result?

    Any information or reference sources will be gratefully received.

  2. #2
    From the BASC:

    However if you shoot over footpaths, only do so if you have permission to drop shot
    over the land on the other side. To fire a bullet or shot onto land that you have no
    right to shoot into or over is ‘constructive trespass’. Whilst this is a civil matter
    BASC strongly advises not to do this.

    Basically - don't do it.

    Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.

  3. #3
    From what I recall, forgetting offences shooting near public rights of way, the only specific offence concerning firearms relates to air weapons, s34 VCR Act 2006. If the circumstances you describe occurred in England/Wales it would be a "constructive trespass", a civil wrong actionable by law ( a Tort). In Scotland I believe a civil wrong falls under Law of Delict, which is only actionable if loss or damage occurs. I cannot recall any specific firearms offences relating to negligent/reckless discharge however a criminal damage offence can occur if by a reckless act, but personal injury would, if alleged as a criminal offence, have to prove "intent". Apart from any civil action a litigant might pursue,seems to me that the issue of negligently/recklessly discharging a shotgun irrespective if whether north or south of the border might, if alleged, be grounds for Chief Officer to consider revocation.
    Last edited by Oracle; 08-09-2012 at 15:33. Reason: Moved

  4. #4
    At my local Gun Club which I formed in 1964 I give the owner of land over the boundary fence 100 cash plus a bottle of whiskey each Xmas.
    This is compensation for any shot or clay debris which may go over there.


  5. #5
    With regard to `negligent discharge` a local stalker was loading for a gent in the butts on a grouse moor recently when a dangerous pratt shot along the line and sprinkled both the `gun` and loader.
    The `gun` got 55 pellets and the stalker 17 . Fortunately it had stopped raining and he had replaced his shooting glasses.


  6. #6
    Many thanks for responses to date - should have made it clear that we are talking about Scotland


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