shotgun law

[ukhunter 111]

Hi could someone help me out on the law regarding my friend using my spar shotgun

he dont have a licence but can he use my spar shotgun with me on land that I have permission to shot on

 

I found this on another from

 

Home Office Firearms Law Guidance to the Police

 

Exemptions from the requirement to hold a certificate

 

Shot Guns 1968 Act Section 11(5) of the 1968 Act allows an individual, without holding a shot gun certificate,

to borrow a shot gun from the occupier of private premises and use it on those premises in the occupiers presence.

The presence of the occupier is normally taken to mean within sight and earshot of the individual borrowing the firearm.

 

The term "occupier" is not defined in the Firearms Act, nor has a court clarified its meaning.

However, the Firearms Consultative Committee in their 5th Annual Report recommended that the

provisions of section 27 of the Wildlife and Countryside Act 1981 be adopted. This states that "occupier"

in relation to any land, other than the foreshore, includes any person having any right of hunting, shooting, fishing or taking game or fish.

 

 

So am I right in saying that’s its ok for my friend to use spar shotgun

as long as im there with him and that i have permission to shot on that land ?

 

any advice would be appreciated

Edited December 9, 2008 by ukhunter

[weejohn 3]

100% correct

[ukhunter 111]

thank you just pays to ask just to be sure

[webber 2]

This subject was discussed at great length on the Pigeon Watch forum some time ago.

 

From memory, the outcome was that your friend may NOT use your spare gun.

 

To clarify the position it would be worthwhile contacting the firearms department at BASC.

 

webber

[Dan_Smiff 2]

I asked my FEO this very same question when I had my visit earlier this year and she answered in a very convoluted and vague way but essentially said yes – best thing to do is phone your own licensing dept and ask them, and don’t take anything but a straight answer (then let me know what they said!)

[ukhunter 111]

ok thanks i will phone BASC and my licensing dept and see what they have say?

[SportingShooter 0]

The long and short of this, as I have said so many times before.

 

Is that, Firearms Law is so Vague, and so complex that even the Departments don't know what advice to offer you.

 

Let me put you in the picture.

 

The advice from the ACPO committee is to use Section 27 of the Wildlife and Countryside Act to define an "Occupier". In this section, an occupier is defined as someone who has the "Right to hunt, shoot or fish". Now that would seem pretty clear wouldn't it? If you have permission, you are an Occupier and may lend a shotgun to a Non Certificate holder while he is shooting in your company.

 

But then they add the line, "It is still up to the individual Chief Constable of your area" Which makes it back to square one.

 

BASC will promote the Section 27 definition, but give your licensing department a ring, and ask them whether they follow the Definition of Section 27 of the W & C Act 1981 for the "Occupier" of private land or not. That is the only way you can know for sure!

 

BASC, however good at firearms law cannot decide on behalf of Chief Constables.

 

SS

[ukhunter 111]

just to let you all know i phoned BASC and my licensing dept

and they both said the same thing it ok for my friend to use my spar shotgun as long as im there with him.

[SportingShooter 0]

Good Good