Distance from a road or footpath.

[wanderinstar 1]

What is the correct distance a gun may be discharged from a road or footpath. Does this apply to all firearms, shotguns and air rifles?

Ian.

[matt_hooks 188]

It is an offence under the Highways Act 1980 s 161(2) to light any fire on or over a carriageway, or 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.

 

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

Of course, you may fall foul of other acts, such as the firearms act, if the projectile crosses the boundary of the land over which you have permission to shoot.

[cunninghamb 2]

Correct me if I am wrong, but am I right to belive that the laws are diffrent for this in Scotland?

 

Cheers,

 

All The Best

[matt_hooks 188]

Correct me if I am wrong, but am I right to belive that the laws are diffrent for this in Scotland?

 

Cheers,

 

All The Best

 

As far as I know the 1980 Highways act applies only to England and Wales. It does not apply in Scotland. That's not to say that there isn't a similar restriction elsewhere in Scottish law but I'm not aware of it.

 

Found this in guidance notes to the Highways act 1980. The last couple of sentences are relevant!

Highways Act 1980

22.17 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 which comprises a carriageway, 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. 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.

Edited May 27, 2010 by matt_hooks

[wanderinstar 1]

So does this apply to airguns as well?

[matt_hooks 188]

An airgun counts as a firearm, so yes.

[JonathanL 4]

 

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

[nod 285]

 

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

[JonathanL 4]

 

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

 

The offence is to interrupt, injure or endager as a consequence of discharing a firearm. If you shout at someone and interrupt them you don't commit the offence because they were interrupted by your shout, not by you discharging a firearm. If you stood 51 feet away and endagered someone as a consequence of discharing a firearm then you would not commit the offence, 50 feet and you would.

 

Yes, you would commit an offenc, just not that one.

 

J.

Edited May 27, 2010 by JonathanL

[SportingShooter 0]

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

 

The offence is to interrupt, injure or endager as a consequence of discharing a firearm. If you shout at someone and interrupt them you don't commit the offence because they were interrupted by your shout, not by you discharging a firearm. If you stood 51 feet away and endagered someone as a consequence of discharing a firearm then you would not commit the offence, 50 feet and you would.

 

Yes, you would commit an offenc, just not that one.

 

J.

 

Sounds like good ole' Attempted Murder to me, may be wrong

[JonathanL 4]

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

 

The offence is to interrupt, injure or endager as a consequence of discharing a firearm. If you shout at someone and interrupt them you don't commit the offence because they were interrupted by your shout, not by you discharging a firearm. If you stood 51 feet away and endagered someone as a consequence of discharing a firearm then you would not commit the offence, 50 feet and you would.

 

Yes, you would commit an offenc, just not that one.

 

J.

 

Sounds like good ole' Attempted Murder to me, may be wrong

 

Quite possibly, you'd have to prove an intent to kill for that though.

 

There are a myriad of charges which could be brought in that situation.

 

J.

[SportingShooter 0]

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

 

The offence is to interrupt, injure or endager as a consequence of discharing a firearm. If you shout at someone and interrupt them you don't commit the offence because they were interrupted by your shout, not by you discharging a firearm. If you stood 51 feet away and endagered someone as a consequence of discharing a firearm then you would not commit the offence, 50 feet and you would.

 

Yes, you would commit an offenc, just not that one.

 

J.

 

Sounds like good ole' Attempted Murder to me, may be wrong

 

Quite possibly, you'd have to prove an intent to kill for that though.

 

There are a myriad of charges which could be brought in that situation.

 

J.

 

Was just messin'

[JonathanL 4]

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

 

Well, the problem is that you commit the offence if you actually cause soemone to be injured, interrupted or endangered. So, shooting at night may result in less of a risk through fewer people being around to be injured, interrupted or endangered but if you do then you are guilty.

 

It's a ridiculous clause. If you are 51 feet from the centre of a highway and you injure, interrupt or endager someone then you don't commit the offence. If you are 49 feet away and it's a foot path and someone is injured, interrupted or endangered then you don't commit the offence. Bizzare, to say the least!

 

J.

 

not really, u still commit an offence, other wise i could stand 51 feet away, see a guy i dont like shout at him to interrupt him, shoot at him and miss thats endangering him then reload and hit him to injure him stand up in court and say well i was 51 feet away

 

The offence is to interrupt, injure or endager as a consequence of discharing a firearm. If you shout at someone and interrupt them you don't commit the offence because they were interrupted by your shout, not by you discharging a firearm. If you stood 51 feet away and endagered someone as a consequence of discharing a firearm then you would not commit the offence, 50 feet and you would.

 

Yes, you would commit an offenc, just not that one.

 

J.

 

Sounds like good ole' Attempted Murder to me, may be wrong

 

Quite possibly, you'd have to prove an intent to kill for that though.

 

There are a myriad of charges which could be brought in that situation.

 

J.

 

Was just messin'

 

I know ;-)

 

J.

[jelly4_ 0]

It is an offence under the Highways Act 1980 s 161(2) to light any fire on or over a carriageway, or 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.

 

Note the last clause! If it's the middle of the night, and there's nobody about, then fire away!

 

Of course, you may fall foul of other acts, such as the firearms act, if the projectile crosses the boundary of the land over which you have permission to shoot.

 

 

Indeed, I shot an Alsation dog with my .243 100grn bullet in the middle of the day over the bonnet of the landrover off the middle of the road, the dog had already killed one sheep and was chasing others, police treatend to prosicute me for discharging a firearm on a public highway and crualty. BASC where legends with the help they provided and the case was dropped, infact the office got a warning over his conduct in the matter,

he even tried to say i was wrong to shoot the dog cos the sheep had to be in an enclosed area to count as being worried and cos there where wall gaps down in a 10 acre field he said the sheep could escape!!!