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Legal Use Of Shot Guns?


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Also I might add if you do become unlucky enough to become involved in a dispute with a member of the public while out shooting make sure you do so while standing on the private land. Do not argue with them on the footpath you will be breaking the law

The footpath is still owned by the land owner, it is not in public ownership.

but both of you arguing on footpath means you are not using it for its intended purpose and fall foul of bylaws

My understanding is that if the path is on land owned by the landowner then you can legally shoot from the path provided you don't obstruct a walker from using it.

 

I can't see any offence from a shooter arguing with a member of the public on a footpath on private land provided they don't obstruct their passage or threaten them, (Obviously arguments are best avoided), as the shooter has permission to be on the land. Do you know of something in this regard to the contrary?

 

Equally, if they stop to argue with you from a path in a way that interferes with your shooting, eg by virtue of them deliberately loitering to prevent you resuming, then THEY are committing a Criminal Offence as it's an offence to interefere with a shoot.

 

The BASC has a document descibing rights of way here:

 

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCMQFjAA&url=https%3A%2F%2Fbasc.org.uk%2Fwp-content%2Fplugins%2Fdownload-monitor%2Fdownload.php%3Fid%3D49&ei=3zCoVOmrEcbdavflgvgG&usg=AFQjCNGyf8mDhAtlBxo49ktj7qSFUOwh1A&bvm=bv.82001339,d.d2s&cad=rja

you are right you can shoot from the footpath as long as you don't stop or interfere with anybody else using the same path . If you were to argue with someone on a footpath would that not constitute interference as opposed to standing off the footpath whereas if the person on the footpath was to start a argument with you they would then be guilty of trespass. At the end of the day you must be sensible when out with a gun i try to avoid members of the public and the incidents I have been involved in have usually been with people who are nowhere near the footpaths
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Also I might add if you do become unlucky enough to become involved in a dispute with a member of the public while out shooting make sure you do so while standing on the private land. Do not argue with them on the footpath you will be breaking the law

The footpath is still owned by the land owner, it is not in public ownership.

but both of you arguing on footpath means you are not using it for its intended purpose and fall foul of bylaws

My understanding is that if the path is on land owned by the landowner then you can legally shoot from the path provided you don't obstruct a walker from using it.

 

I can't see any offence from a shooter arguing with a member of the public on a footpath on private land provided they don't obstruct their passage or threaten them, (Obviously arguments are best avoided), as the shooter has permission to be on the land. Do you know of something in this regard to the contrary?

 

Equally, if they stop to argue with you from a path in a way that interferes with your shooting, eg by virtue of them deliberately loitering to prevent you resuming, then THEY are committing a Criminal Offence as it's an offence to interefere with a shoot.

 

The BASC has a document descibing rights of way here:

 

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCMQFjAA&url=https%3A%2F%2Fbasc.org.uk%2Fwp-content%2Fplugins%2Fdownload-monitor%2Fdownload.php%3Fid%3D49&ei=3zCoVOmrEcbdavflgvgG&usg=AFQjCNGyf8mDhAtlBxo49ktj7qSFUOwh1A&bvm=bv.82001339,d.d2s&cad=rja

you are right you can shoot from the footpath as long as you don't stop or interfere with anybody else using the same path . If you were to argue with someone on a footpath would that not constitute interference as opposed to standing off the footpath whereas if the person on the footpath was to start a argument with you they would then be guilty of trespass. At the end of the day you must be sensible when out with a gun i try to avoid members of the public and the incidents I have been involved in have usually been with people who are nowhere near the footpaths

 

 

Ultimately, the shooter will, hopefully, have legitimate permission to be on any of the landowner's ground, including the footpaths. So whatever he is doing on the footpath there would be no trespass. I dare say most shooters would happily avoid anyone walking on the path to stop any confrontation in the first place, so if the walker decides to stop and cause problems then they are not using the path for it's only legal purpose, which is to pass and re-pass, and start landing themselves in the aggravated trespass category for interrupting your shooting. We have the Duke of Rutland to thank for that offence...

 

But you're right, it's definitely best to be sensible and avoid these confrontations altogether. A lot of the time shooters will be alone and then it's the other person's word against yours which can become a sticky situation.

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