Possible serious implications

my reply to these James would be as follows,

Ok seems we have some good views so I'll give the rest of the story...

Interview took place at the hospital officer said that was the end of it, there'd be no need to follow-up. Two days later armed response unit arrived at the house to confiscate firearms. Two days later interview took place with FEO... Its the next bit that really kind of worries me...FEO says I'm going to asked you some questions I need you to answer those questions which may determine whether you get your certificate back or not.

1/ Do you have the sporting rights what's the land the issue over? NO


2/ Are you a member of the syndicate the shoots over the land? NO


3/ Are you the landowners agent? NO


4/ Are you employed by the landowner? NO



and after all of that am i in the wrong.

NO.

bob.
 
Jager SA

Clearly they are trying to determine the ins and outs of s 11(5) 1968 Firearms Act -borrowing shotguns from the occupier of land- an untested piece of legislation. So did the injured party have a certificate? If not this will be their tack. Also the police will let the investigation take its course and will ultimately look at public safety matters so don't assume things are over. It would be more helpful if you just told the full story , makes it easier to pass comment.

Frank

That is the full story, there's nothing more I can tell. The fact is as far as I can see no crime has been committed, when if ever was there any risk to the public?

This is has nothing to do with me, this information came my way so I thought I'd get your views.
 
I always have the landowner complete a Land Authority Form. Covers both of us, and I have it on me in case someone gets a bit nosey when I'm out.
 
Looks like a minefield to me, with the FEO being told to establish exactly what legal right the shooter had to be on the land. I think different legal rights infer different kinds of access to the land and if the wrong answer is given, then the implications could be serious.
I would suggest that legal advice be sought asap, and preferably before answering the question.

Triffid
 
Looks like a minefield to me, with the FEO being told to establish exactly what legal right the shooter had to be on the land. I think different legal rights infer different kinds of access to the land and if the wrong answer is given, then the implications could be serious.
I would suggest that legal advice be sought asap, and preferably before answering the question.

Triffid

Absolutely agree with this ....... so did the landowner actually give permission to one individual who took it upon himself to take his son and a friend ....... maybe if the landowner has been spoken to independently there may perhaps be an issue if sensing a drama the landowner confirms the permission was to one individual only .....
 
Absolutely agree with this ....... so did the landowner actually give permission to one individual who took it upon himself to take his son and a friend ....... maybe if the landowner has been spoken to independently there may perhaps be an issue if sensing a drama the landowner confirms the permission was to one individual only .....

Its a fair point, again, everyone, cover your ar*es make sure you're squeaky clean!!!
 
Its a fair point, again, everyone, cover your ar*es make sure you're squeaky clean!!!

cheers James

i have a meeting with a feo from an area that i shoot as he has strange ideas as to what i can and can not do when im on the land. i will have to see how it goes as its a nice bit of land but he has strange ideas as to what he thinks is right.

bob.

ps: i am not going into this on here as the forum is read by a fare few people ... wink wink
 
Also remember to shoot pigeons/crows u are suposed to have read the General Licence or atleast be aware of it and know which GL ur acting under. And they do change from year to year so don't persume wot was legal last year is still legal

Strictly speaking u can't shoot pigeons as sport and possibly could be a grey area shooting that sky high pigeon on a shoot day unless u can argue the reason u shot it. But that is sort of off topic


Finally probably teaching ur granny to suck eggs here BUT a break barrel gun CAN go off with the safety on, the safety effectively locks the triggers but the sears could still give in rare circumstances.
SO A GUN WITH A SAFETY ON IS NOT 'SAFE' so always be muzzle aware etc
 
One thing that occurs to me is that the officer that attended the hospital had already told those there that that was an end to it. To then turn around and try and make something of it could be construed as an abuse of process.

Just recall the matter in the news recently where a letter telling someone the police had no interest in them meant that a murder charge could not be progressed!
 
One thing that occurs to me is that the officer that attended the hospital had already told those there that that was an end to it. To then turn around and try and make something of it could be construed as an abuse of process.

Just recall the matter in the news recently where a letter telling someone the police had no interest in them meant that a murder charge could not be progressed!

The reply to that very question was "they are only operational" seems they make it up to suit as they go along...clearly looking for a scalp...?
 
The reply to that very question was "they are only operational" seems they make it up to suit as they go along...clearly looking for a scalp...?

A good solicitor will soon pooh pooh that excuse I should venture to say should the police or CPS decide to prosecute for anything. Should the police decide to take action regarding the shotgun/firearms certificates it may be somewhat less clear, but still worth taking advice on I'd think.
 
Jager

'When if ever was there any risk to the public?' - Somebody has been injured, that is a public safety issue so they will want to find out why- negligence? recklessness? or just an accident. You also state 'The fact is as far as I can see no crime has been committed' but you fail to answer the question, as to whether the injured party was a shotgun certificate holder, if not 11 (5) will be the offence they are investigating and they may want to test the legislation about the definition of occupier.

F
 
It sounds like while technically an offence may have been committed it may not be in the public interest to pursue the matter via the courts. It will depend very much on how the firearms department and possibly the DPP see it.
At the very least I can see the SGC holder having an interview without coffee. Fortunately the injury was relatively minor but a warning to us all about loaning/ borrowing shotguns by non certificate holders and if legal to do so or not. I hope that the SGC holder is properly represented and a member of a shooting organisation so that he can obtain good advise.
 
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A simple get-out for the police is to simply say that the officer who said that there would be no further action, made a mistake - or that it was just his personal OPINION at the time.
 
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