shot and retrieved fox question

[chimp 299]

does the fox have to be dead for a retrieve ? or could it been shot but still run, then dog slipped. in the eyes of the law where do you stand if you got pulled mid retrieve and you had a gun with you?

 

thanks

[Guest dances]

i was wondering that or what if you missed the fox but had released the dog?

[riohog 5,714]

now then , abit tricky , if you happend to get pulled ,, you would probebly be better if it was dead when retreaved . shot first. dead . sure if there is a way to nick you they will find aa way , best dont get cought /or admit to doing it

[jamie1011 5]

good question be good to hear off the experienced law buffs on what they think but i would of thought if its got a bullet wound on him theres not much they could do. as theres visual proof you used the gun to try and dispatch him not just slip the dogs but i dont think your fair to well if theres no visual bullet wound as that proves you only used the dog and the gun was not used and thats illegal as we all know. just my take

[chimp 299]

what are the chances of them taking the dead fox away to test for shot ? even then when you have your day in court couldnt you say to the best of your knowledge the fox had been shot and when the dog was sent for the retrieve it got up again .

 

i would of thought the court would see that when you was pulled you had a gun with you and would take that into account.

[chimp 299]

what other scenario's could be used if you are caught in possesion of dog ,gun and maybe the fox

 

oh and to save the 'armed trespass' response , lets say this was on permission

Edited June 22, 2010 by chimp

[DEERMAN 1,020]

what are the chances of them taking the dead fox away to test for shot ? even then when you have your day in court couldnt you say to the best of your knowledge the fox had been shot and when the dog was sent for the retrieve it got up again .

 

i would of thought the court would see that when you was pulled you had a gun with you and would take that into account.

If you had a gun with you mate i would say your half way there ,but then again they could say it hadnt been shot as you missed so you werent sending dog to retrive fox but setting dog on fox ...just my view

[riohog 5,714]

what are the chances of them taking the dead fox away to test for shot ? even then when you have your day in court couldnt you say to the best of your knowledge the fox had been shot and when the dog was sent for the retrieve it got up again .

 

i would of thought the court would see that when you was pulled you had a gun with you and would take that into account.

 

yeah the crutial bit ,, that you did have a gun with you at the time ,and the fox had been shot it did have a hole in it ..

[chimp 299]

ok say the nightmare had happened and you had to break the dog off in front of the law and the fox run off , i very much doubt the police would let you take the gun out in front of them and finish it off and the fox run off, how could they then prove you hadnt attempted (or shot) to shoot the dog before hand.

 

lets say i had a freshly shot/used cartridge in my pocket.

 

surely all bases would of been covered?

Edited June 22, 2010 by chimp

[burnie69 376]

What about using the dog to despatch a fox you'd injured with you gun what you couldn't get a 2nd shot at because it was running?

[riohog 5,714]

ok say the nightmare had happened and you had to break the dog off in front of the law and the fox run off , i very much doubt the police would let you take the gun out in front of them and finish it off and the fox run off, how could they then prove you hadnt attempted (or shot) to shoot the dog before hand.

 

lets say i had a freshly shot/used cartridge in my pocket.

 

surely all bases would of been covered?

 

at the end of the day i see it like this if there is a hole in the fox and the fox is in the doggs mouth its likelly tto be dead ..if you slipped the dog on a live fox ,wounded .. think you may well be in the sh..t

 

police have to prove it was alive ,,,you have to prove it was dead ....who is going to win

[chimp 299]

flushing stalking from the act

 

(

reasonable steps are taken for the purpose of ensuring that as soon as possible after being flushed out from below ground the wild mammal is shot dead by a competent person,

 

so that obviously does not cover lamping .

 

 

 

so this part of the act covers the lamping of fox right?

 

The Game Act 1831 (c. 32) In section 35, the words “to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare or fox already started upon any other land, norâ€.

 

what would the police class as 'fresh pursuit' , wasnt the shot that had been taken been the 'fresh pursuit' and the dog was sent for the retrieve dead or not.?

 

 

any one got a link for more of the lamping of foxes act. thanks

[chimp 299]

edited as i noticed 'rescue of animals )

 

appropriate action (if any) is taken to relieve its suffering , does that mean you could destroy the fox to relieve it's suffering?

 

 

 

Rescue of wild mammal.8

(1)

The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied. .

(2)

The first condition is that the hunter reasonably believes that the wild mammal is or may be injured. .

(3)

The second condition is that the hunting is undertaken for the purpose of relieving the wild mammal’s suffering. .

(4)

The third condition is that the hunting does not involve the use of more than two dogs. .

(5)

The fourth condition is that the hunting does not involve the use of a dog below ground. .

(6)

The fifth condition is that the hunting takes place— .

(a)

on land which belongs to the hunter, .

(

on land which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, or .

©

with the authority of a constable. .

(7)

The sixth condition is that— .

(a)

reasonable steps are taken for the purpose of ensuring that as soon as possible after the wild mammal is found appropriate action (if any) is taken to relieve its suffering, and .

(

in particular, each dog used in the hunt is kept under sufficiently close control to ensure that it does not prevent or obstruct achievement of the objective in paragraph (a). .

(

The seventh condition is that the wild mammal was not harmed for the purpose of enabling it to be hunted in reliance upon this paragraph.

Edited June 22, 2010 by chimp

[whippet 99 2,613]

out lamping rabbits and a fox got up , nothing they can do.proving your intentons is hard

[Ideation 8,216]

Maybe they could do you on the competent bit - like if you only wounded the fox and had to 'set dogs on it' to dispatch it then you were not a competent person with the gun and so causing cruelty???