Benelli m2
Well-Known Member
Carry on then
Shooting foxes from a vehicle
- Thread starter homer
- Start date
Len the dog
Well-Known Member
Carrying firearms in a public place (section 19 of the 1968 Act)
21.15 Section 19 of the 1968 Act makes it an offence to have in a public place without lawful authority or reasonable excuse (the proof of which lies on the accused) a loaded shot gun, an air weapon (whether loaded or not), any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or an imitation firearm.
21.16 Section 57(6) of the 1968 Act includes a definition of “loaded” in relation to shot guns and air weapons. An air weapon is to be treated as loaded if there is ammunition in the chamber or barrel or in any magazine or other device which is in such a position that the ammunition can be fed into the chamber or barrel by the manual or automatic operation of some part of the gun or weapon.
21.17 The definition of a “public place” in section 57(4) of the 1968 Act is the same as that in section 1(4) of the Prevention of Crime Act 1953, specifically “any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise”. For Scotland, the word “highway” in the definition of “public place” in section 57(4) has been deleted and replaced by “road (within the meaning of the Roads (Scotland) Act 1984)”.
Highways Act 1980
21.31 Under section 161 of the Highways Act 1980, it is an offence for any person, without lawful authority or excuse, to discharge any firearm within fifty feet of the centre of any highway, if in consequence any user of the highway is injured, interrupted or endangered. For these purposes a carriageway means a highway (other than a cycle track) over which the public have a right of way for the passage of vehicles.
21.32 The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of “culpable and reckless conduct” and “reckless endangerment” in situations in which the 1980 Act would be contravened in England and Wales.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The law is actually quite clear on this matter but there seems to be a lot of confusion in this thread between firing near the highway & being on it.
Whilst it is legal to fire a firearm within 50' of the centre of a highway, as long as nobody is injured, interrupted or endangered, it is certainly not legal to carry a loaded firearm on the public highway.
In theory it would be acceptable to fire from land on one side of a highway onto land on the other side as long as you have permission to shoot over both areas of land, and as long as no member of the public is injured, interrupted or endangered. However, that is quite different to being on the highway and carrying/discharging a loaded firearm. Furthermore, there is a clear distinction between highways (roads in Scotland) and public rights of way across private land.
Stalker62
Well-Known Member
Feeling brow-beaten yet ?...without lawful authority or reasonable excuse...
Stalker62
Well-Known Member
Len the dog
Well-Known Member
I would hardly class shooting a fox as reasonable excuse, much less test it in court as the burden of proof would be on myself.
Len the dog
Well-Known Member
Furthermore, lawful authority can only be given by the land owner or his agent, the public highway belongs to the local authority.
Stalker62
Well-Known Member
So, this is the first time the fox gets a mention.
The law is very clear on this.
You were very clear on your assertion ... 'it is certainly not legal to carry a loaded firearm on the public highway'.
That statement is not correct.
The defence is (almost always is) "lawful authority or reasonable excuse".
Each case will be assessed (and if necessary Judged) on its own particular circumstances.
Anyhoo.
The sun is shinning, it's the Queen's Jubilee, I am hot and the G&T in the fridge (with my name on it) is cold, I just need to slice a lemon...
Deermanagement
Well-Known Member
As said previously, there are shoots taking place all over the country where pegs are on the public road. They've been doing this for a long time with no issue. I'm sure many of the guns will actually be law enforcement themselves. Seen it myself on many occasion and never seen a gun suggest it cannot be done and refused to shoot 
Len the dog
Well-Known Member
Thanks for rubbing my nose in it, I'm stuck on an oil rig in the middle of the North Sea, where it is of course dry by law, unless that is you have a different interpretation of that law. 
Stalker62
Well-Known Member
Thanks for rubbing my nose in it, I'm stuck on an oil rig in the middle of the North Sea, where it is of course dry by law, unless that is you have a different interpretation of that law.
In that case old fruit, I raise my glass to you, in the sure and certain knowledge then when you are next ashore, you will surely make up for it in spades.
countrryboy
Well-Known Member
Stalker62
Well-Known Member
Len the dog
Well-Known Member
Enjoy one for me please.
I'm saying nothing until my solicitor gets here. Never let me down yet. Always followed my mothers advice.
When North of the Border, my wife used to kick off the lambing season with me driving and her popping Corbies (large and small) with a shotgun from road. Graduating to .222 when they got used to the gun and stayed further from road. Foxes were shot whenever and from wherever she saw them with .22/250 at night. Long glen with three farms, all phoned if night shooting.
reiver
Well-Known Member
We have a public road (in a private park) that is maintained by the council but is owned by a estate who gives the council the right to use the highway .
Mick9abf
Well-Known Member
I can tell you what happens - since it’s happened to me twice from memory on two different mixed sporting estates within 15 miles of each other, rifle on the bonnet on both occasions.
The first time the estate motor was on the verge and the marked local Polis motor went onto side lights and sat back and then came up to check all was in order (not poaching) once it was clear we weren’t about to try and do a runner so doing their job - very pleasant exchange.
The second time was very near a well known estate who’s owner might be celebrating something this weekend where a mate used to work. Never always saw them initially but on this occasion they had been watching us from afar (as they often did when we were out lamping as at that time we’d be out three or four nights a week). They came over for the craic once they saw us being ‘successful’ (it did help that all the motors were logged with them) but we got stopped or stopped for a chat with whatever crew was on almost every other night when out lamping. Very quiet road with passing places - mostly busy with either keepers or coppers at night.
It’s strange that some people have such a suspicion of the Police when out shooting, I always find that if your not a dick with them they always tend to be fine to deal with.
Last edited:
Similar threads
