please help shooting feral pigeons off building near a road

[GEOFF.223 83]

i know im not supposed to be shooting within 50ft of a road but i have been asked to shot some feral pigeons off a factory building but as i have already said its beside a road.

 

i have seen people do it before in places i have worked with air rifles and there is a video of roy lupton shooting feral pigeon off a building from the road and there is people walking past him and even the police drive past him is there a license or a loop hole i can use to do the same?

[Chid 6,537]

ring the feo she'll be able to tell you , if you realy need the birds gone , give terry a call at falconry services he will come out with a hawk and help sort the problem

[halamrose 24]

In England and Wales it is only an offence if someone "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,"

 

I had this discussion with my FEO a few years ago and they didn't know the detail the way I did. It took me ages to find the act because its not in firearms legislation, rather its the Highways Act 1980 (section 161)

 

A level 1 fine in the UK is upto £200.

 

Lets see if I can find the equivalent NI legislation...

[halamrose 24]

Funny the BASC doc I looked at said England and Wales only but http://www.legislation.gov.uk/ukpga/1980/66 shows this applies to NI also.

[GEOFF.223 83]

ring the feo she'll be able to tell you , if you realy need the birds gone , give terry a call at falconry services he will come out with a hawk and hel sort the problem

 

they tried it but the pigeons have been born and raised there so there not gonna c a hawk and say right lads feck this im immigrating.

 

[GEOFF.223 83]

In England and Wales it is only an offence if someone "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,"

 

I had this discussion with my FEO a few years ago and they didn't know the detail the way I did. It took me ages to find the act because its not in firearms legislation, rather its the Highways Act 1980 (section 161)

 

A level 1 fine in the UK is upto £200.

 

Lets see if I can find the equivalent NI legislation...

 

my feo was last week to check my cabinets after moving house and i asked her, she said as far as she see's illegal to shot at that area.

 

she said ; the front of the building is 10ft from a small 2 way road and the back of the building there is a elevated dual carriage way and to the left of the building about 80ft away there is a set of high rise flats, so i said to her i have seen people doing it in England as vermin control would they have a special license to do so i ask.

and all i got for a answer was i don't know but in her favour she said i will ask the chief inspector and get back to u.

[GEOFF.223 83]

i was reading bit of the legislation there is it ok shot across a path way but right of way to the public at all time.

so hows that different from a road ?

[whippet 99 2,613]

ring the feo she'll be able to tell you , if you realy need the birds gone , give terry a call at falconry services he will come out with a hawk and hel sort the problem

 

they tried it but the pigeons have been born and raised there so there not gonna c a hawk and say right lads feck this im immigrating.

[Deker 3,478]

i was reading bit of the legislation there is it ok shot across a path way but right of way to the public at all time.

so hows that different from a road ?

 

 

Highways Act 1980

 

161 - Penalties for causing certain kinds of danger or annoyance

 

1. If a person, without lawful authority or excuse, deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

 

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.

 

3. If a person plays at football or any other game on a highway to the annoyance of a user of the highway he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

 

4. If a person, without lawful authority or excuse, allows any filth, dirt, lime or other offensive matter or thing to run or flow on to a highway from any adjoining premises, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

 

 

Highways Act 1980 section 161 (2)

 

 

For the purposes of this law, (Section 161 (2) of the Highway Act 1980) a highway is restricted to a public right of way for the passage of vehicles and does NOT include footpaths, cycle tracks or bridleways.

Edited November 4, 2012 by Deker

[AirgunGuy 362]

I've read over this several times and my understanding is that as long as nobody is interupted, endangered or hurt then you are ok to shoot within the 50 feet limit. You would however have to be on private property and have permission to be there. I think common sense would tell you not to shoot when there's people walking along the road and your pellet cannot leave the boundary of the permission

[tanktfb 2]

its better to keep away from any roads that border your farm with a gun there so many antis around.i had police called on me while back when the police came and i explained i was walking the boundry inside my permission they basicly appolagised for wasting my time but they obviously have to investigate every call they get from the people who do not understand how fully insured f.a.c holders conduct vermin controll around our countryside

[dadioles 68]

Hello Geoff.223, your statement "i know im not supposed to be shooting within 50ft of a road" is not actually true although often quoted.

 

Certainly as far as England is concerned this is not an issue. As AirgunGuy stated "You would however have to be on private property and have permission to be there.... your pellet cannot leave the boundary of the permission" and obviously you must not "injure, interrupt or endanger" anyone.

 

Just be sensible. If your factory is in the middle of a housing estate with lots of onlookers you would be a fool to take on this task.

 

On the other hand, if the factory is in a quiet location and you can be discreet the law is on your side. Make sure you have the permission in writing!! Insurance is also essential (BASC or whatever). Give the police a quick courtesy call and let them know where and at what time you are shooting, they will give you an incident number. It all works in your favour.

 

The only possible complication can be whether or not other means of pest control have been tried. Increasingly, it is becoming necessary to try non-lethal and other methods of control first.

 

Do check the situation in NI carefully though as legislation does vary and NI is a rather special case where guns are concerned.

[paulus 26]

the best i can interprit the act is. if you shoot a phesant and it drops on the road infront of a car, bike ect and it causes them to stop then you have either interupted or endangered that person so an offence has been committed if that same phesant was to fall on the road side and someone slowed down to take a look then they have done so of their own free will, then an offence will have not been committed.