Hawkeye. 26 Posted December 6, 2012 Report Share Posted December 6, 2012 Does anyone know if it's lawful to use a firearm in a built up area? Quote Link to post
Deker 3,478 Posted December 7, 2012 Report Share Posted December 7, 2012 You can use it wherever you have permission and is cleared. If you have an Unrestricted FAC you can use it wherever you have permission and deem safe! I shoot a fair few foxes in built up areas, usually gardens! Quote Link to post
Hawkeye. 26 Posted December 7, 2012 Author Report Share Posted December 7, 2012 (edited) Thank's Deker, Fox after someone's chicken's in the Village. Called my FEO lunchtime for advice. Unrestricted licence ,shoot anywhere as long as you have permission, it's safe and more than 50 feet from the centre of the highway. Edited December 7, 2012 by Hawkeye. Quote Link to post
Deker 3,478 Posted December 7, 2012 Report Share Posted December 7, 2012 Thank's Deker, Fox after someone's chicken's in the Village. Called my FEO lunchtime for advice. Unrestricted licence ,shoot anywhere as long as you have permission, it's safe and more than 50 feet from the centre of the highway. The Centre of the Highway business has also been debated many a time and that isn't strictly correct, what the legislation says is........ 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. 1 Quote Link to post
paulus 26 Posted December 7, 2012 Report Share Posted December 7, 2012 Thank's Deker, Fox after someone's chicken's in the Village. Called my FEO lunchtime for advice. Unrestricted licence ,shoot anywhere as long as you have permission, it's safe and more than 50 feet from the centre of the highway. The Centre of the Highway business has also been debated many a time and that isn't strictly correct, what the legislation says is........ 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. thank god someone put this up and not me for a change Quote Link to post
Hawkeye. 26 Posted December 8, 2012 Author Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? Quote Link to post
paulus 26 Posted December 8, 2012 Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? thats what it says Quote Link to post
Deker 3,478 Posted December 8, 2012 Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? As long as you have permission to stand in the middle of the road and shoot! The Law seems to have been mis interpreted over the years and many appear to understand you MUST be 50' from the road, that is not the case as you can see! Quote Link to post
paulus 26 Posted December 8, 2012 Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? As long as you have permission to stand in the middle of the road and shoot! The Law seems to have been mis interpreted over the years and many appear to understand you MUST be 50' from the road, that is not the case as you can see! i had this conversation with a traffic officer (inspector aswell) he checked and what is put above is correct, the best way ive seen it explained is, if you were in a field next to a road and you shot a phesant that landed on the road causing the flow of traffic to be interupted then you would be comitting an offence, if the phesant landed at the side of the road and the traffic slowed down to take a look, then they would be doing so of their own free will so you would not be commiting an offence, but just be sensible and you will be ok Quote Link to post
Hawkeye. 26 Posted December 8, 2012 Author Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? As long as you have permission to stand in the middle of the road and shoot! The Law seems to have been mis interpreted over the years and many appear to understand you MUST be 50' from the road, that is not the case as you can see! My understanding was Must be 50ft from the road. Theoreticaly, if I owned the roadside land on both side's, then I own the land that the road sit's on, therefore permission wouldn't be a problem Quote Link to post
GeoffG 2 Posted December 8, 2012 Report Share Posted December 8, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? As long as you have permission to stand in the middle of the road and shoot! The Law seems to have been mis interpreted over the years and many appear to understand you MUST be 50' from the road, that is not the case as you can see! My understanding was Must be 50ft from the road. Theoreticaly, if I owned the roadside land on both side's, then I own the land that the road sit's on, therefore permission wouldn't be a problem Doesn't the road come under the Highways Dept. and so they own the public road? Just curious. Geoff Quote Link to post
Hawkeye. 26 Posted December 8, 2012 Author Report Share Posted December 8, 2012 (edited) It was explained to me by a County Council Highway's jobsworth that if I own land on the roadside i own the land that the road sit's on , to the middle of the road. if I own land both sides of the road then i own all the land that the road is on. The public has a right of way over the road and the council has to maintain it. If the road was taken from there then the land goes back to the land owner either side. That was his explanation to me. Edited December 8, 2012 by Hawkeye. Quote Link to post
cyclonebri1 8 Posted December 10, 2012 Report Share Posted December 10, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? thats what it says Problem is that if some city slicker hears a gunshot from 1/2 a mile away and turns round because he is either afraid or whatever, then you have completed the offence. Best stick to the 50ft "rule" in my view. My shooting runs along a motorway, feo inspecting the lad said, "technically you could stand on the embankment and shoot", well no you couldn't but he was mocking the 50ft thing. Juess, I've even had coppers pull up on the motorway because I've been walking down the footpath that runs parallel with a gun. Quote Link to post
Deker 3,478 Posted December 10, 2012 Report Share Posted December 10, 2012 (edited) So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? thats what it says Problem is that if some city slicker hears a gunshot from 1/2 a mile away and turns round because he is either afraid or whatever, then you have completed the offence. Best stick to the 50ft "rule" in my view. My shooting runs along a motorway, feo inspecting the lad said, "technically you could stand on the embankment and shoot", well no you couldn't but he was mocking the 50ft thing. Juess, I've even had coppers pull up on the motorway because I've been walking down the footpath that runs parallel with a gun. I really don't think we need to get too wrapped up in this, we could go on with the what ifs for a long time. The reality is few people other than shooters know about this, very few people will ever report it, and if the bloke was half a mile away, then you were at least 51 ft away from the road when he heard the bang, weren't you! :yes: And walking down a footpath with a gun is likely to cause interest, covered or otherwise! Edited December 10, 2012 by Deker Quote Link to post
cyclonebri1 8 Posted December 10, 2012 Report Share Posted December 10, 2012 So that mean's I could fire a gun while standing in the middle of the road , as long as nobody is injured , interrupted or endangered ? thats what it says Problem is that if some city slicker hears a gunshot from 1/2 a mile away and turns round because he is either afraid or whatever, then you have completed the offence. Best stick to the 50ft "rule" in my view. My shooting runs along a motorway, feo inspecting the lad said, "technically you could stand on the embankment and shoot", well no you couldn't but he was mocking the 50ft thing. Juess, I've even had coppers pull up on the motorway because I've been walking down the footpath that runs parallel with a gun. I really don't think we need to get too wrapped up in this, we could go on with the what ifs for a long time. The reality is few people other than shooters know about this, very few people will ever report it, and if the bloke was half a mile away, then you were at least 51 ft away from the road when he heard the bang, weren't you! :yes: And walking down a footpath with a gun is likely to cause interest, covered or otherwise! Interest I can put up with, kind of inevitable when you have land in lumps that are seperated by a footpath access, but the ignorance of said traffic police astounded me to be honest. And I mean both in knowledge and attitude. Quote Link to post
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