SHOOTING ON A SUNDAY IN ENGLAND AND WALES

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rockingod

rockingod

Well-Known Member
I've put this post up because I would like to have somebody out there give me clarification in Law.

I originally posted this message as a reply to Iwrch's original post about 'being a traditionalist' but I think it needs a more open airing hence the new topic post etc.

It would appear that the 80% who polled that they shoot on a Sunday are clearly breaking the law (England and Wales) by doing same.

Check the BASC website and other legislation sources and you will find that shooting GAME (and deer is classed as game) is illegal in England and Wales

Additionally check this link:

http://news.bbc.co.uk/1/hi/uk_politics/6896003.stm

So...if there are any legal eagles are out there, can they confirm or deny and if caught and prosecuted does it mean that you would lose your FAC due to it being a criminal offence ?

Rocky[/quote]
 
At the risk of getting this very wrong I don't think deer are glassed as game. You can shoot them on a Sunday in season of course, but I don't think you can legally shot deer on Xmas day.
 
Hi Purdey

Are you absolutely sure ?

Did you check out the link ? It states quite categorically that Deer are included as game under the terms of the act

Rocky
 
According to the book Deer:LAw and Liabilities, page 10- "deer should not be classed as game or described as such".

I will try and have a further dig into the book later.
 
I think I'm right in saying you can shoot deer on any day if they are in season, including Xmas day!
Don't shoot the one with the red nose before xmas day though or you might not get any pressies! ;)
 
It is recommended that if you have the game rights and it does not specify "deer" then you may not be able to shoot them!
 
I've always been of the understanding that deer are not game. In the BBC piece it mentions "moor game" separate to grouse, so what are they? It's a new one on me.
 
Hi Ash

Can you help ?

Where does it say that in the 1991 Deer Act ? Because I'm reading it and I can't find that stated anywhere. Am I the drongo here ?

Rocky
 
the deer act refers to deer "no surprise there "
the oxford dictionary definition is hoofed grazing animal Classed as a large mammal
where as the game classification is given to game birds. Game birds, a term used variously for all birds of the order Galliformes (gallinaceous, or chicken like, birds), and small mammals rabbit etc

this only works for the UK as the classification of large and small mammals changes form country to country

as far as i can make out i think I'm right and this is the way i would interpret the law as

in England and wales it is only an offence to take or kill a deer during the closed season for that species/sex if it has one. Therefor a deer can be shot in when in season on any day.(God was a stalker no sabbath Rest day)

in Scotland open season includes Sundays even if Christmas day is a Sunday (unless Local Customs Preclude Christmas day shooting)
 
Shooting deer on Sunday

At the risk of appearing a complete muppet, isn't this covered in the DSC1 training handbook? I seem to have a recollection of it being in there somewhere. I can't check in mine as somebody borrowed it about 6months ago and I haven't seen him or it since!! :evil:
I stalk on Sunday, always have done, always will do unless a landowner or old Bill say otherwise.
Cheers, Pete.
 
BASC web site

Sunday and Christmas Day Shooting
England & Wales:
No game (including hare) may be shot in any county on any Sunday or on Christmas day.

Before the passing of the wildlife and Countryside Act 1981, Orders prohibiting the shooting of wildfowl on Sundays could be made under the provisions of sections 2 and 13 of the Protection of Birds Act 1954. Although Sunday Orders can still be made under Section 2 (3), none have been made. However, some Sunday Orders made prior to the Wildlife and Countryside Act 1981 have not been repealed and are still in existence. They have the effect of making it illegal to shoot wildfowl on a Sunday in the following counties (or parts of counties in existence before the 1974 re-organisation):

Anglesey, Brecknock, Caernarvon, Carmarthen, Cardigan, Cornwall, Denbigh, Devon, Doncaster, Glamorgan, Great Yarmouth County Borough, Isle of Ely, Leeds County Borough, Merioneth, Norfolk, Pembroke, Somerset, North and West Ridings of Yorkshire.

Scotland:
There are no statutory restrictions on the killing of game on Sunday or on Christmas Day although it is not customary to do so. Wildfowl may not be shot on Sundays or on Christmas Day.

Northern Ireland:
The following may not be shot on Sundays or on Christmas Day, under the Wildlife Order NI, the Game Preservation (Amendment) Act (NI) 2002, the Wildlife Order as amended and game act 1931, etc

Pest birds
Game in season
Rabbits
Deer
Mammalian pest control ie foxes and small vermin (rat, mouse, grey squirrel etc) there is no prohibiton on Sundays.

Amended: September 2009
 
This makes me feel better as I used to shoot pigeon and duck (but not game) in Monmouthshire (Gwent) on a Sunday for many years.

Iwrch's post is helpful but unless I can't see it, it doesn't clear up whether the BASC consider deer to be included in the classification "game" with particular regard to this law.
 
Thank you Gentlemen,

Your comments have been most helpful. I think it is one of those 'grey' areas where unless a member of the public makes a specific complaint, then no laws has been broken. (A member of the public out walking, and on hearing the report from a center fire rifle may complain that there was a 'disturbance of the peace'). Admittedly, only a minor offence but still enough to have your FAC temporarily suspended and your rifles confiscated etc etc. (and how hard are they to get back !)

I think I'll ere on the side of caution and stick to not shooting anything on any of my permissions on a Sunday (Unless of course a serious animal welfare issue exists)

Tks again

Rocky
 
Rocky

If a member of the public complains it won't matter what day of the week you are out :shock:

I would say that Sunday's form the majority of my stalking outings.

willie_gunn
 
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