Was I legal?

[trappa 517]

I was out this morning at around 6 in my van when I passed a big old roe doe at the side of the road. She had been knocked and her back end was in a right mess but she was trying to sit up at the side of the road.

I went back home and got my rifle and went back and put her down as Im as soft as shite when I see something like this. The vet would have definately put her down so i figured why prolong the obvious agony.

Now the area in question was near houses and i had the option of a 22lr or a 223, neither of which are cleared for deer, so i decided to go for the 22lr as i didnt want to wake the houses up at that time with gunfire.

I shot her twice and she died surprisingly fast but was this legal? My licence is open, but it was on a main road and with a 22lr.

[JohnGalway 1,043]

Can't answer your question Trappa, but, you did the right thing in my book.

[SportingShooter 0]

Certainly is a tricky one, on both legal and moral grounds.

 

The moral grounds are simple, I would have felt the same way, put the animal out of its misery as soon as possible. Essentially, showing some form of mercy.

 

Legally, if you are speaking strictly to the letter of the law, you have breached the terms of your FAC. However, there is something niggling in the back of my mind as to whether the destruction of an animal who is injured is exempt. I know it doesn't say it in the conditions of your FAC, but something tells me I have read it somewhere.

[Rolfe 2]

On my open FAC it does state for "the humane destruction of animals" I honestly couldn't see how anyone could say anything other than you acted with compassion and humanely ended the poor creatures suffering.

 

Rolfe.

[Foxgun Tom 75]

I'd suggest what you did was quite legal!! you ended this animals suffering in a humane way and for good reason your method was the quickest and readily at hand!

 

I once dispatched a roe deer with a knife while police were in attendance! a car three in front of me struck a roe buck! the car in front of me was a cop car, The buck was lying in the middle of the road seriously injured holding up traffic. The boy's in blue radioed for a vet and were told one would not be available for at least 30mins-1hour. I told the cop's they could'nt leave the animal in such distrees for that length of time and it needed to be dispatched quickly I was told "Sorry Sir there's no alternative" I explained there was and that I'd do the deed! they readily agreed and the matter was dealt with and the road re-opened. I got a letter of thanks from a Divisional Commander of Police thanking me for assisting his officers

 

Tom

 

 

 

I was out this morning at around 6 in my van when I passed a big old roe doe at the side of the road. She had been knocked and her back end was in a right mess but she was trying to sit up at the side of the road.

I went back home and got my rifle and went back and put her down as Im as soft as shite when I see something like this. The vet would have definately put her down so i figured why prolong the obvious agony.

Now the area in question was near houses and i had the option of a 22lr or a 223, neither of which are cleared for deer, so i decided to go for the 22lr as i didnt want to wake the houses up at that time with gunfire.

I shot her twice and she died surprisingly fast but was this legal? My licence is open, but it was on a main road and with a 22lr.

[nasher1 258]

I think you did the right thing morally and support what you did 100% but please delete your original posting just in case atb nasher1

[fellpack 7]

basicly you broke the law but the fact that you stated on this site that you did it to stop suffering gives you the public interest thats what stops you from being done. well done mate (hat off) everyone on this site post and show support

[JonathanL 4]

I was out this morning at around 6 in my van when I passed a big old roe doe at the side of the road. She had been knocked and her back end was in a right mess but she was trying to sit up at the side of the road.

I went back home and got my rifle and went back and put her down as Im as soft as shite when I see something like this. The vet would have definately put her down so i figured why prolong the obvious agony.

Now the area in question was near houses and i had the option of a 22lr or a 223, neither of which are cleared for deer, so i decided to go for the 22lr as i didnt want to wake the houses up at that time with gunfire.

I shot her twice and she died surprisingly fast but was this legal? My licence is open, but it was on a main road and with a 22lr.

 

Let's have a think of what offences you could have committed.

 

Sec.19 © A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place (whether loaded or not) together with ammunition suitable for use in that firearm,.......

 

So, doubtful that you have committed an offence here as it's unlikely that putting an injured animal out of its misery would not be seen as "reasonable excuse".

 

There's various laws relating to what calibres you have to use to shoot deer but I think they pretty much all contain exemptions in situations like these.

 

Sec.1(2) makes it an offence to comply with a condition on your cert. This depends upon how your conditions are worded but your cert doesn't allow you to use them for deer. This, on the face of it, is an offence. Whether anyone would bother prosecuting is doubtful I'd think. Even if they did then I would think that you would might have a defence of necessity. How exactly is your cert worded in respect of the rifle which you used?

 

J.

[riohog 5,701]

morally correct , legally you broke the law .. discharging a firearm on a public highway , illigal calibre to shoot deer . and probebly more offences .. the worst one being addmiting it in public ... delete the post if i was you

[fellpack 7]

morally correct , legally you broke the law .. discharging a firearm on a public highway , illigal calibre to shoot deer . and probebly more offences .. the worst one being addmiting it in public ... delete the post if i was you

 

dont be daft nothing that could end in court has happened if he done it and said nothing that is the hangman

[JonathanL 4]

morally correct , legally you broke the law .. discharging a firearm on a public highway , illigal calibre to shoot deer . and probebly more offences .. the worst one being addmiting it in public ... delete the post if i was you

 

I forget where the offence of discharging a firearm near a highway is but it's only an offence to discharge it within fifty feet of the centre of a highway if it causes alarm, distres or interruption to users of the highway. Interestingly, if you use it fifty one feet from the centre of a highway and cause alarm, distress or interruption to users of the highway you don't commit an offence.

 

Depends how the chaps cert is worded. If it allows him to use it for "humane dispatch" then it would be difficult to see what offence he'd committed.

 

J.

[riohog 5,701]

morally correct , legally you broke the law .. discharging a firearm on a public highway , illigal calibre to shoot deer . and probebly more offences .. the worst one being addmiting it in public ... delete the post if i was you

 

dont be daft nothing that could end in court has happened if he done it and said nothing that is the hangman

hold on he has allready addmited doing it .. so who is the daft one !! certainly not me .. why would you tell the world about it ,then say what might happen mybe some things should be kept discreat !!

[fellpack 7]

morally correct , legally you broke the law .. discharging a firearm on a public highway , illigal calibre to shoot deer . and probebly more offences .. the worst one being addmiting it in public ... delete the post if i was you

 

dont be daft nothing that could end in court has happened if he done it and said nothing that is the hangman

hold on he has allready addmited doing it .. so who is the daft one !! certainly not me .. why would you tell the world about it ,then say what might happen mybe some things should be kept discreat !!

yea thats ok saying that but did anyone see him has he been reported these are the things that seam to be the i dont care attitude to some delate a post after it has been writen is makes you guilty and the forum he done the right thing no dispute i would have and yes i would have told all simple if the law aproached him saying hes guilty they would never get it to court simply by this post if they all backed him but deleting advice makes you if you dont understand talk t someone who understands the law

[TopDown 0]

You do not require a deer legal rifle for humane dispatch. See: http://www.thedeerinitiative.co.uk/pdf/guide_culling_vehicleCollisions10-9-08%20published.pdf

 

Not sure about your force area but some would probably want you registered on a scheme to do it. It is a tricky one.

Edited May 20, 2010 by TopDown

[Mastiff 7]

I have no idea on the legality of what you have done but from a moral point of view...