Legal help

[Hugh Wilton 11]

Just a quick question.

 

I have been asked by a friend who runs a coffee shop in town to shoot a cupple of pigeons that have taken up resedence at the back of the shop.

Now I have nop problems doing this, however how do I stand in the eye of the law?

It is in the center of town and he wants it done in the afrernoon. It is however, round the back out of sight of the public.

 

So what are peoples thoughts on this?

Edited June 28, 2012 by Hugh Wilton

[Lewis Ste 245]

some form of traps may be a better way but as long as the pellet doesnt leave the permissis and the gun isnt fired within 15yards of the center of a public road its all legal i think

 

lewis

[pianoman 3,587]

Talk this with your local Police first Hugh. Never leave a legal matter to hard experience to decide when the police show up after someone has reported you.

 

You never know what ancient By-laws exist to land you in trouble if you start shooting. It could be that only local Council pest controllers have the all-clear to use air rifles in such environments. Or the time you are allowed to shoot is specific.

 

The police will at least be concerned about where your pellet could end up in a missed shot situation and the safety of the public in the area.

 

Pianoman.

Edited June 29, 2012 by pianoman

[paulus 26]

what the eyes dont see and all that there is no law that states you carnt shoot within x amount of feet from a public highway. it comes from the traffic act and says you must not interrupt

 

Airgun Law

 

Information on this page is from cited sources which are official web sites, except for the list of "Other web sites" at the bottom of the page:

• Airgun ownership and use is governed by a wide body of law
  to see a list of relevant Parliamentary Acts - click HERE
  
  
• Anyone may possess and use airguns, subject to restrictions concerning age and criminal record, to see:
  
  
  • age restrictions - click HERE
    
  • criminal record restrictions - click HERE
     
     
    

  [*]Police powers regarding the inspection of airguns - click HERE

  [*]Definition of a loaded firearm regarding airguns - click HERE

   

  [*]Shooting near a public highway - click HERE

   

  [*]Shooting - Rights of way and access - click HERE

   

  [*]Countryside and Rights of Way Act 2000- click HERE

   

  [*]Web sites that give information about airgun law - click HERE

   

Legislation relating to airguns

• Firearms Acts 1968 - 1997
  
• Licensing Act 1872
  
• Offences Against the Person Act 1861
  
• Prevention of Crime Act 1953
  
• Criminal Damage Act 1971
  
• Highways Act 1980
  
• Town Police Clauses Act 1847
  
• Wildlife and Countryside Act 1981
  
• Countryside and Rights of Way (CROW) Act 2000
  
• Anti-Social Behaviour Act 2003 - Sections 37-39 introduce changes to the Firearms Act 1968.
   
  

Age restrictions relating to airguns

 

Previously, there were certain provisions, which allowed the possession of air weapons by persons over the age of 14 years. The Anti-Social Behaviour Act 2003 Sec 38 affectively changes this age to 17 years.

The Metropolitan Police air weapon web-site page has been amended accordingly, and is effective from 20th January 2004:

Under 17 years old

 

It is an offence to give an air weapon, or ammunition for it, to a person under 17 years of age. It is not an offence for that young person to receive it.

It is an offence for a person under 17 years old to be in possession of an air weapon, or ammunition for it, except:

1. As a member of an approved club for target shooting.
   
2. Whilst at a shooting gallery where only air weapons or miniature rifles not exceeding .23 calibre are used.
   
3. Whilst under the supervision of a person aged 21 years or over, or whilst shooting, on private premises, including land, provided the missile is not fired beyond those premises.
   
4. From the age of 14 years old, whilst on private premises with the consent of the owner. No supervision is required.
    
   

It is an offence for a person under 17 years of age to be in possession of an air pistol in any public place except as at (a) and ( above. A public place means any highway or place or premises to which, at the material time, the public have or are permitted to have access, whether on payment or otherwise. You may not have an airgun in a public place without proper reason. An airgun is deemed as loaded if there is a pellet, dart or anything else in the gun or magazine, whether cocked or not.

Source 1: http://www.met.police.uk/firearms-enquiries/new_legis.htm

Source 2: http://www.met.police.uk/firearms-enquiries/airguns1.htm

Another source of age restriction information

 

If you use or own an airgun you must be aware that since January 20 new laws introduced as part of the Government's Anti-social Behaviour Act have made it:

An offence for people aged 14 to 17 to carry an airgun or airgun ammunition in a public place, even if it is in a secure cover.

 

An offence to possess an airgun in a public place without lawful authority or a reasonable excuse.

 

An offence for an unsupervised person aged between 14 and 17 to fire airgun pellets beyond the boundaries of private land on which they have permission to shoot.

 

An offence to be in possession of an imitation firearm in a public place without lawful authority or reasonable excuse.

Source: http://www.sussex.police.uk/online_forms/firearms_new_laws.asp

The law bans certain people from possessing firearms, including airguns

 

What makes me a prohibited person from possessing firearms?

Sentenced to a term of imprisonment in excess of three months will prohibit an individual for five years from release. Sentenced to more than three years will prohibit an individual for life.

 

Source:

Sussex.police.uk - new airgun laws

Also

5.5 Persons prohibited under section 21 of the 1968 Act (see paragraph 12.4 for its terms) may not possess any firearms or ammunition, not just those for which a certificate is required. Thus the prohibition extends to all air weapons, air gun pellets and shot gun ammunition. It should also be noted that:

a) The prohibition applies to persons sentenced in all parts of the United Kingdom, including those sentenced in Northern Ireland. Section 29 of the Criminal Justice Act 1972 amended section 21 of the 1968 Act. In its unamended form, section 21 applied the prohibition only to those sentenced in England, Wales and Scotland; the amendment in section 29 of the Criminal Justice Act 1972 made the similar prohibition on possessing firearms and ammunition in Northern Ireland (section 19 of the Firearms Act (Northern Ireland) 1969) effective in England, Wales and Scotland.

The prohibition includes detention in a young offender institution, or in youth custody. Paragraph 24 of Schedule 14 to the Criminal Justice Act 1982 added the words “or to youth custody for such a term” to subsections (1) (after “three years or more”) and (2) (after “less than three years”) of section 21 of the 1968 Act.

Source: Home Office - Firearms Law Guidance to the Police 2002

Police powers - another piece of Police guidance

23.6 The primary purpose of section 47(1) of the 1968 Act is to enable a constable to require the handing over of a firearm and any ammunition for their examination so that they may ascertain, for instance, whether a firearm is real or an imitation, what type of firearm it is (if this is not apparent), whether it is loaded or whether the ammunition is suitable for use in the firearm. It is for example an offence under section 19 of the 1968 Act to have a shot gun or air weapon in a public place only if it is loaded. Thus if a constable sees a person with such a gun in a public place, although they have obvious grounds for suspecting them of having a firearm, they may well have no grounds for suspecting an offence until they have exercised the powers given by section 47(1) of the 1968 Act and examined the firearm. If the person refuses to hand over a firearm or ammunition when required to do so, they commit an offence and a power of arrest arises as explained in paragraph 23.9 below.

 

Source: Home Office - Firearms Law Guidance to the Police 2002

NB - Webmaster's underlining and emboldening for emphasis

However, since the above was issued in 2002 ..........

 

(1) Possession of firearms in a public place

The Anti-Social Behaviour Act 2003 Sec 37 amends Section 19 of The Firearms Act 1968, which deals with possessing certain firearms in a public place. This section now reads as follows….

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

(1)

a loaded shotgun

(

an air weapon (whether loaded or not)

©

any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

(d)

an imitation firearm.

The above is effective from 20th January 2004

 

Source: http://www.met.police.uk/firearms-enquiries/new_legis.htm

 

NB - Webmaster's emboldening for emphasis

Definition of a loaded firearm regarding airguns

 

22.13 Section 57(6) of the 1968 Act includes a definition of “loaded” in relation to shot guns and air weapons. An air weapon is to be treated as loaded if there is a pellet in the breech, even if the compression necessary to fire the gun is not present; and in the case of a shot gun or air weapon having a loaded magazine, the gun is to be treated as loaded, even though there is no round in the breech.

 

Source: Home Office - Firearms Law Guidance to the Police 2002

Shooting near a public highway

 

Highways Act 1980 (c.66)

161. Penalties for certain kinds of danger or annoyance

(2) If a person without lawful authority or excuse -

1. lights any fire on or over a highway which consists of or comprises a carriageway; or
   
2. 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.

This section amended by ;

Criminal Justice Act 1982 s.37

Highways (Amendment) Act 1986 s.1

Page updated 09/07/2006

[Hugh Wilton 11]

wow thanks paulus there is loads of info there that I think a lot of us shpuld know. I am going to give my local FAO a call as he is a good bloke, and see what he has to say too. At the very least it will let plod know what I am doing if they get a load of phone calls.

 

At least I can be discreat getting there as I have the S410TDR and its little carry case.

[hyperion 122]

Just dont do what my old mate did! he got asked to shoot some gulls and pigeons on the roof of a busy twon centre pub in cornwall. so there he was dressed up as a trss, full gillie siut, combats et al and Logun s16 set up on the roof in the middle of a busy highstreet in plain veiw of the whole world picking off these birds from the pub roof and roofs of shops etc!

 

He wasn't there long if you know what I mean :D

[Robbie uk 24]

If you just let the local police know that there will pest control on the premises using air weapons between a certain time then that should be sufficient, in case a call is then made to the police. U sholdnt get a call from police as long as they know.

[ghillies 209]

some form of traps may be a better way but as long as the pellet doesnt leave the permissis and the gun isnt fired within 15yards of the center of a public road its all legal i think

 

lewis

 

depends on what hot shot 'interprets' that.... if its causing menace then its a no way..same as shooting from a highway years back, was aloud, untill it it was 'interpreted' diferently. but if you scared any one it was straight into an offence.

 

and of course the owners are suposed to try other methods first to scare them away/deter etc, after that its ok to shoot. contact the FLO guy first, not the average bobby, they dont have a clue quite literally..(no offence meant or intended there).

 

if you just 'do it' and some one heres it, the police will have to respond to it, as such you'll be on the rong end of it.

Edited July 2, 2012 by ghillies