Shooting game in back garden - legal?

[aris]

This is more of a theoretical question - as i'm married, and very fond of my testicles

As it happens I saw a pheasant hen in my back garden yesterday. Saw a muntjac the week before. I would never think of shooting either even if I had an open ticket. It is just an unwise thing to do and unnecessary and I actually like having them there. But I did wonder what the legalities of either would be. I live in a residential neighbourhood backing onto woodland.

For the muntjac, my back garden isn't cleared land - but if one had an open ticket - I'm guessing if you could do it safely - it would be "legal" but a stupid thing to do.

As for the pheasant - i'm not sure what laws this falls under. Certainly not general license as they are a game bird rather than a pest.

Shotgun would do it for sure (it was on the ground - not 25 yards away), but i doubt not much would be left of it and the neighbours would not like it either. Airgun? Can you shoot game birds with a moderated air rifle? I'm not 100% sure you could get an ethical kill with a sub 12 - but i'm open to correction.

 

[Magnificent 7]

Mark riipley shot foxes in his back garden using a rim fire providing its safe ie back stop ect then I suppose its ok I personally wouldn't mind

 

[Fair Hill]

Do ye have a rule regarding minimum distance from a public road you are allowed to shoot?

 

[stubear]

If you have an open ticket, the shot is safe and the bullet isnt going to exit your land then you can legally do it, but do bear in mind neighbours, noise and causing potential alarm from the sound of gun fire.

Even if you werent in breach of your licence conditions and the shot was safe as houses I doubt your FEO would be happy about it should someone call up to complain or dial 999 at the sound of the shot going off!

I did get asked a few years ago to go shoot some muntjac in the (11 acre) garden of a house near Farnham. The garden sloped downhill steeply with a good amount of flat land at the bottom to act as backstop, and it had big old scots pines along both sides of the garden to block the sound of the shot and any potential of someone seeing me. You could have sat up the top in amongst the bushes and shot downwards towards the flat bit which theoretically would have been safe.

That said having gone to look at the land I still declined - if there was a ricochet it could have gone back towards houses or out into the public land behind (which you could see was full of walkers etc.), if I'd wounded the animal and it had run it would have gone into someone elses garden or out into the public land... I just said sorry, a bit of damage to your roses is not worth me losing my FAC or going to prison on a manslaughter charge, you'll have to call the BDS as I'm not prepared to shoot in here, and recommended they get their deer fencing repaired as there were holes in it.

Others may have taken the chance but frankly it wasnt worth it in my view.

 

[Fair Hill]

If you have an open ticket, the shot is safe and the bullet isnt going to exit your land then you can legally do it, but do bear in mind neighbours, noise and causing potential alarm from the sound of gun fire.

Even if you werent in breach of your licence conditions and the shot was safe as houses I doubt your FEO would be happy about it should someone call up to complain or dial 999 at the sound of the shot going off!

I did get asked a few years ago to go shoot some muntjac in the (11 acre) garden of a house near Farnham. The garden sloped downhill steeply with a good amount of flat land at the bottom to act as backstop, and it had big old scots pines along both sides of the garden to block the sound of the shot and any potential of someone seeing me. You could have sat up the top in amongst the bushes and shot downwards towards the flat bit which theoretically would have been safe.

That said having gone to look at the land I still declined - if there was a ricochet it could have gone back towards houses or out into the public land behind (which you could see was full of walkers etc.), if I'd wounded the animal and it had run it would have gone into someone elses garden or out into the public land... I just said sorry, a bit of damage to your roses is not worth me losing my FAC or going to prison on a manslaughter charge, you'll have to call the BDS as I'm not prepared to shoot in here, and recommended they get their deer fencing repaired as there were holes in it.

Others may have taken the chance but frankly it wasnt worth it in my view.

Very thoughful of you.

 

[enfieldspares]

The minimum distance to a road, or centre of a road, or whatever is only an offence if in doing so it cause an endangerment. But also be aware of recent changes in the law regarding projectiles fired from air weapons going beyond that property boundary.

As to the bird you have the lawful right to kill, or take, in season, by any lawful method, any wild pheasant on your land. And that includes using an air rifle and/or catching it in a lawful design of trap or "engine". Unless they are captive birds nobody can own wild pheasants (even if, yes, they were bred, raised and released). That's why the offence of taking live game is "poaching" and not theft as when it is alive as it isn't owned by anyone so it cannot be stolen.

However if you do shoot it or kill it it then belongs to the person who's land it lies dead on. So if you are going to kill it makes sure it falls down dead on your property.

 

[Chris J]

This was taken in my sister's back garden. It's like a game park. There's red, roe, muntjac, badgers, foxes and even otters. It is 23 acres, but it is still her back garden ... Shame she's a veggie. Wait til their munching her roses. I bet my phone rings then.

 

[Tazz]

Do ye have a rule regarding minimum distance from a public road you are allowed to shoot?

The rule on shooting near a road is not black and white but the distance quoted is 50 feet from the centre of the road

SHOOTING NEAR HIGHWAYS (E.G. ROADS & CARRIAGEWAYS)

In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

 

[baguio]

Do ye have a rule regarding minimum distance from a public road you are allowed to shoot?

No, not exactly, as stated above.. Not really the issue here though.

 

[aris]

Thanks for the responses. I've never seen so much wildlife in my garden since lockdown. I can only think that humans curtailing their outdoor activities (including shooting/hunting) has made them flourish and expand their boundaries.

 

[nun_hunter]

Thanks for the responses. I've never seen so much wildlife in my garden since lockdown. I can only think that humans curtailing their outdoor activities (including shooting/hunting) has made them flourish and expand their boundaries.

It's probably more likely that the increase in people visiting the countryside has pushed animals out of their usually quiet habitats. There have been more people out walking than ever before and the increase in dogs too has probably had an impact.

 

[Fair Hill]

The rule on shooting near a road is not black and white but the distance quoted is 50 feet from the centre of the road

SHOOTING NEAR HIGHWAYS (E.G. ROADS & CARRIAGEWAYS)

In England & Wales it is an offence without lawful authority or reasonable excuse to

discharge any firearm within fifty feet of the centre of a highway which consists of

or comprises a carriageway, and in consequence a user of the carriageway is

injured, interrupted or endangered. [section 161(2) of the Highways Act 1980 as

amended]. It is important to remember that the discharge of a firearm is not

prohibited in itself. It must also be proved that there was an injury, or that

someone’s passage was interrupted or interfered with e.g. they have been forced to

make a detour.

In Ireland it's within sixty feet from the center of a public road (under the Summary Juristiction Act 1851) the maximum fine is 5 shillings or 63 cents and upon conviction firearms can (and have) be seized and licences revoked.

 

[User00025]

Thanks for the responses. I've never seen so much wildlife in my garden since lockdown. I can only think that humans curtailing their outdoor activities (including shooting/hunting) has made them flourish and expand their boundaries.

No it's because the bu....s are all walking off piste everywhere in the countryside, and letting their dogs run riot. Your garden is quieter.

 

[Apthorpe]

In Ireland it's within sixty feet from the center of a public road (under the Summary Juristiction Act 1851) the maximum fine is 5 shillings or 63 cents and upon conviction firearms can (and have) be seized and licences revoked.

How strange. It seems that your shillings must have been translated to 12p on decimalisation, as opposed to 5p in the UK?

 

[Stalker62]

Herewith enclosed is a picture of my "garden".

Please advise...

 

[Fair Hill]

How strange. It seems that your shillings must have been translated to 12p on decimalisation, as opposed to 5p in the UK?

Well spotted, my mistake. The maximum fine is 10 shillings= 63 cents.

 

[Fair Hill]

Herewith enclosed is a picture of my "garden".

Please advise...





View attachment 188567

Make sure the drainage hole in the center is not blocked.

 

[Boristhedog]

Herewith enclosed is a picture of my "garden".

Please advise...





View attachment 188567

Depending on the height of window ledge I'm wondering whether a high seat would allow a safe shot at the rabbit hiding in the undergrowth......

 

[Stalker62]

This was taken in my sister's back garden. It's like a game park. There's red, roe, muntjac, badgers, foxes and even otters. It is 23 acres, but it is still her back garden.

Is your sister married?

Asking for a "friend"...

 

[Chris J]

She is. But I'll ask anyway. Seriously you should see the whole video. It's crazy. Hinds, foxes, rabbits, squirrels, Munties with young, roe with young, a cracking buck... Mad.