garden

[Deker 3,478]

has any one used a 12 bore in there back garden to kill woodys

 

 

I tend to wait until the pigeons or magpies are on the lawn, so im shooting downwards at them.

 

 

members are always saying about this, but it is ILLEGAL, read the general license, what reason will you give for shooting crop damage,?, ok, so you may get away with health and safety,but then you have to prove that, but then you also need to show you have tried all other methods to keep them away,

 

shooting- no

pest control, humaine dispatch-yes

 

I've used a silenced 410 on fox in a garden, but thats one single shot

 

I am BPCA/RSPH like Stubby, and as he says there are lots of issues here! It happens that I have to shoot in peoples gardens sometimes but lots of wheels have to turn, options looked at, risk assessments, neighbours and police advised commonly, even debate with Natural England and Defra sometimes, etc.

 

From what you say I struggle to see how I could justify shooting woodies in your garden, so the obvious suggestion is, you have no chance!

 

But even if we put all the above aside, it just isn't safe, sensible or neighbourley is it!!

[dave1372 83]

has any one used a 12 bore in there back garden to kill woodys

I guess your next question will be 'Has anyone used a .410 in the house to kill spiders' lol!

Edited December 29, 2009 by dave1372

[The Seeker 3,048]

A few years ago a mate of mine knew a guy who on bonfire night thought he would impress a few of his mates by shouting "think that fireworks a loud bang listen to this" where by he promptly fired off a couple of shots in his garden and into the air with his 12 bore............

 

Oh forgot to mention he no longer has a shotgun as the Police didnt find it as funny as he did and revoked his SGC...

Edited December 30, 2009 by The Seeker

[HUnter_zero 58]

has any one used a 12 bore in there back garden to kill woodys

 

This sort of business is cropping up more and more at work. In short, there would be two main stumbling blocks and few minor issues. For the main, no is the simple answer.

That said there are many companies out there that carry out pest control on Gulls using shotguns and in some instances are in clear breech of the firearms act.

If you can prove that there is good cause, for example significant risk to health or safety or significant risk to property then yes you can shoot the birds in your garden. That's just the start, if one pellet crosses your boundary then you are deemed to be trespassing with a firearm, not so funny hey.

Other issues and offences are contained in the firearms act, which would have to be scrutinised. Other civil issues also exist. If there were to be a time when you needed to control wood pigeons, then an airgun would be by far and wide the most suitable tool but the same laws with regards to the general licence and firearms act still apply. Over the last twelve months I have seen an increase in the number of enquiries to control urban foxes in gardens, many of which are caused by the homeowner feeding foxes to begin with and then expecting someone to clean up their mess with a "gun" or "trap". The same ethos applies to many pests found in the garden, for example pest birds. If people stopped feeding the birds then the problem would go away, yes numbers would reduce but in many areas the artificial pest numbers are only sustainable due to people putting tonnes of food in their gardens with some inane hope of catching sight of the less great pink blue humming trotter. Back on to topic, I presume you don't have a shotgun, if you did you would understand why it would be foolish to even consider shooting it in an urban environment.

 

John

[East coast 2]

has any one used a 12 bore in there back garden to kill woodys

I guess your next question will be 'Has anyone used a .410 in the house to kill spiders' lol!

[dicehorn 38]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

[mushroom 13,268]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

 

That only applies if you prevent somebody going about their lawful business.

[HUnter_zero 58]

 

That only applies if you prevent somebody going about their lawful business.

 

No so! The plod will try for a prosecution *if* they can reasonably show that a member of the public is/has been or could be endangered or alarmed.

The fact that the plod would be trying for a prosecution would mean the temporary or total loss of your SGC/FAC.

 

John

Edited December 30, 2009 by HUnter_zero

[JonathanL 4]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

 

Lots of peoples back gardens are more than 50 ft from a highway. I think the actual wording is "50 feet from the centre of a highway" and only if it causes a nuisance to danger those using the highway.

 

J.

[dicehorn 38]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

 

Lots of peoples back gardens are more than 50 ft from a highway. I think the actual wording is "50 feet from the centre of a highway" and only if it causes a nuisance to danger those using the highway.

 

J.

 

 

"It is an offence under the Highways Act 1980 s 161(2) to discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic"

 

I think, of the possible 3 problems to Joe Public the word 'interupted' is sufficient for the police to act - Joe only needs to stop in his tracks at the sound of gun shot to be interupted

[JonathanL 4]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

 

Lots of peoples back gardens are more than 50 ft from a highway. I think the actual wording is "50 feet from the centre of a highway" and only if it causes a nuisance to danger those using the highway.

 

J.

 

 

"It is an offence under the Highways Act 1980 s 161(2) to discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic"

 

I think, of the possible 3 problems to Joe Public the word 'interupted' is sufficient for the police to act - Joe only needs to stop in his tracks at the sound of gun shot to be interupted

 

Ah, but, this isn't the full wording of the relevant section. In full it reads;

 

" 161

 

(2) If a person without lawful authority or excuse

 

(a) lights any fire on or over a highway which consists of or comprises a carriageway; or

 

( discharges any firearm or firework within 50 feet of the centre of such a highway,

 

and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale."

 

Clearly the words "without lawful authoriuty or excuse" are of great significance here. If you have lawful authority or excuse to discharge the firearm you cannot be guilty of an offence under this section no matter how much you interrupt a user of the highway.

 

Although that doesn't make it clever thing to do.

 

J.

Edited December 30, 2009 by JonathanL

[Deker 3,478]

no my garden is 23ft by 22ft i was just woundering if any one sho0ts in there back garden lol

 

Apart from the other valid reasons mentioned, there is also the small matter of discharging a firearm within 50 feet of a highway.

 

Lots of peoples back gardens are more than 50 ft from a highway. I think the actual wording is "50 feet from the centre of a highway" and only if it causes a nuisance to danger those using the highway.

 

J.

 

 

"It is an offence under the Highways Act 1980 s 161(2) to discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic"

 

I think, of the possible 3 problems to Joe Public the word 'interupted' is sufficient for the police to act - Joe only needs to stop in his tracks at the sound of gun shot to be interupted

 

Ah, but, this isn't the full wording of the relevant section. In full it reads;

 

" 161

 

(2) If a person without lawful authority or excuse

 

(a) lights any fire on or over a highway which consists of or comprises a carriageway; or

 

( discharges any firearm or firework within 50 feet of the centre of such a highway,

 

and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale."

 

Clearly the words "without lawful authoriuty or excuse" are of great significance here. If you have lawful authority or excuse to discharge the firearm you cannot be guilty of an offence under this section no matter how much you interrupt a user of the highway.

 

Although that doesn't make it clever thing to do.

 

J.

 

 

This is a really contentious one as even Prince Philip has a problem with this and the police a few years back (got dealt with quietly in the end) also another case I remember fairly recently where a chap was pigeon shooting in a field, got taken to court but fortunately thrown out!

 

The wording is very wide, that is the problem, and too many, including the police think you cannot shoot within 50ft of the Highway!

 

But in the context of this thread I think this is way down the line, and many issues crop up before this!!

Edited December 30, 2009 by Deker

[tallpauljcb1 5]

thanks for all the replys but a would never shoot a 12 bore in my back garden i just thought a would ask all of you to see [bANNED TEXT] ya all would say thats all lol

[stubby 175]

has any one used a 12 bore in there back garden to kill woodys

I guess your next question will be 'Has anyone used a .410 in the house to kill spiders' lol!

 

no, but a work mate did use his 9mm garden one to shoot a spider, said it peppered the wall a bit

[RicW 67]

has any one used a 12 bore in there back garden to kill woodys

I guess your next question will be 'Has anyone used a .410 in the house to kill spiders' lol!

 

no, but a work mate did use his 9mm garden one to shoot a spider, said it peppered the wall a bit

 

Hyperion put a post in General Talk about using a BB gun on a FYT spider.