Kent_keith 46 Posted January 22, 2015 Report Share Posted January 22, 2015 I friend of mine shoots fox from the road side of the farmers field gate, I say it's questionable what do others think? Quote Link to post
Lid 194 Posted January 22, 2015 Report Share Posted January 22, 2015 With a shotgun or rifle? Or both? Quote Link to post
rodp 316 Posted January 22, 2015 Report Share Posted January 22, 2015 I've met some folk who I thought stood both sides of the gate, I just kept my back to the wall until they'd gone 2 Quote Link to post
zx10mike 137 Posted January 22, 2015 Report Share Posted January 22, 2015 imo if no one sees or more importantly is alarmed or disrupted i can't see any problem.sometimes its the only safe angle. if you scare someone or alarm them the rozzers will not be hp so be carefull. Quote Link to post
Kent_keith 46 Posted January 22, 2015 Author Report Share Posted January 22, 2015 Oh 223 with mod, I thought one side of the gate he has permission the other side, well could be classed as on the highway? Quote Link to post
SportingShooter 0 Posted January 22, 2015 Report Share Posted January 22, 2015 Strange as it may sound, the land which the road runs on still belongs to whoever owns the land it borders, unless purchased specifically by another authority, local council, government, MOD etc In the vast majority of cases where the road is a small country lane, it will either be wholly owned by the landowner who's land you're shooting onto or at least the half which borders his land will belong to him. Therefore, if you have permission to shoot on any of his lands, then you have permission to shoot on the road. The only sticking point is a fairly well known offence in the Highways Act 1980 which states that anyone who discharges a firearm within 50ft of the centre of a highway AND causes someone using it to be injured, interrupted or endangered is committing an offence. If however none of those things happen, then there is no offence even if you shot from the tarmac, providing you have permission. Quote Link to post
Kent_keith 46 Posted January 22, 2015 Author Report Share Posted January 22, 2015 Ok understood. You proved me wrong and I'm glad of that thank you, Quote Link to post
SportingShooter 0 Posted January 22, 2015 Report Share Posted January 22, 2015 I'd just exercise caution if the road is well used or there is the potential for someone to get the wrong idea. Quote Link to post
Bigad 136 Posted January 24, 2015 Report Share Posted January 24, 2015 This is top information bet some of the police aren't aware of this rule so as stated best to make sure no one is about as it only takes one phone call and you will be in the middle of a blue light show Quote Link to post
Alsone 789 Posted January 24, 2015 Report Share Posted January 24, 2015 The biggest issue as I see it is the original reporter saying they were afraid to go down the road. That could constitute interference. Also, as an aside, many gates are inset into the field by the width of the gate post so even if the road wasn't owned by the farmer, it might still be possible to stand on the land and be on the wrong side of the gate. I would say it's inadvisable though. Quote Link to post
DeerhoundLurcherMan 997 Posted January 24, 2015 Report Share Posted January 24, 2015 Good info there sporting shooter, I was unaware of that. I thought the 50ft rule applied everywhere......Is there a link to share? home-office guidelines as such? Quote Link to post
SportingShooter 0 Posted January 25, 2015 Report Share Posted January 25, 2015 Good info there sporting shooter, I was unaware of that. I thought the 50ft rule applied everywhere......Is there a link to share? home-office guidelines as such? The 50 feet rule does apply everywhere, be it a road that vehicles use, a bridleway or a public footpath wherever they occur. I could stand in the middle of a dual carriageway and fire a gun if I had permission from the landowner however I would still have to ensure that there was no one that was interrupted, endangered or injured so it would effectively have to be completely empty when I fired. So even though you have permission to shoot on the land (technically the subsoil is owned by the landowner rather than the tarmac) you still have to abide by that 50ft rule. Quote Link to post
Alsone 789 Posted January 25, 2015 Report Share Posted January 25, 2015 (edited) That's not quite correct SS. The 50ft rule only applies to Highways which consist or comprise a carriageway ie a public right of way for the passage of vehicles, and so as such does not include footpaths, cycle ways or bridle ways. I've managed to dig the BASC document out on this: https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CCwQFjAA&url=https%3A%2F%2Fbasc.org.uk%2Fwp-content%2Fplugins%2Fdownload-monitor%2Fdownload.php%3Fid%3D49&ei=o8LEVPySD8LzUIHGgZAM&usg=AFQjCNGyf8mDhAtlBxo49ktj7qSFUOwh1A&sig2=BzvWghsVlLKKHBDOztDQQg&bvm=bv.84349003,d.d24&cad=rja Edited January 25, 2015 by Alsone Quote Link to post
SportingShooter 0 Posted January 25, 2015 Report Share Posted January 25, 2015 Indeed, you're right, I was confusing it with aggravated trespass. Quote Link to post
Alsone 789 Posted January 25, 2015 Report Share Posted January 25, 2015 Easily done. I only remembered myslef because the question had aapeared a few times quite recently. Quote Link to post
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