Is it legal to shoot on a public right of way?

[Sandstone1]

Is it legal for people to shoot on and near to a public right of way? I ask because today when walking my dogs along a public footpath across some fields, I meet several people with guns, gun dogs etc who were obviously out for a days shooting.
During my walk I heard many gunshots, which as the footpath crosses fields and goes around hedgerows etc i found a bit worrying!

I was a little worried for both my and my dogs safety, surely its dangerous to shoot on a public right of way, its also quite close to both a road and a bridleway.
Before anyone asks it is most definatly a public right of way has signs and everything, ive also lived in area for most of my life and its a well known footpath. Ive never seen anyone shooting here before though.

Just wanted to know if its legal or not, seems very dangerous to me anyway.

 

[JFTDWS]

Well, I was cantering up a byway today and realised I was looking straight down the barrel of a gun. I regularly meet the farm owner's son and friends out there walking back from a shoot, so meeting men with guns doesn't phase me, but a group of guys in camo gear actually shooting gave me rather a shock.

I was once stopped from going up a road by a shoot shooting across it, resulting in my horse flipping out and a long term gun problem. I was advised to report it, but knowing the land owner in question, I confess I didn't get involved

 

[Sandstone1]

I cant see how it can be legal to honest, they cold easily shoot someone or someones dog because as i said foopath goes past some thick hedgerows so they would not see anyone walking there, its also close to bridleway so riders will have the same problem.

 

[canteron]

Had problem once like this with a rather arrogant gamekeeper. Rang the local police (101) and a lovely policeman went round to have a chat. I think they basically explained that if they had a formal complaint they would have to look at his gun licence. In all honesty, I think they were quite gentle but got the message across - in the old days the shooting types could more or less get away with what they wanted, but these days the police are a lot more sensitive to any potential abuse of guns.

 

[shadowboy]

I'm pretty sure its something like not within 50 yards of a footpath or something like that.....

 

[mulledwhine]

Our farm backs onto a bridle way, we warned a local hacking group that it was happening!!

It is not illegal to shoot nearby but it is illegal to shoot across one, however you can still get fall out from the guns, which is harmless, but noisy and can feel quite pingy

 

[Orangehorse]

People with guns do look at what they are shooting and what is in the background. Not 100% sure about the law re footpaths, but if you go on the BASC website there will be lots of information there.

 

[Echo Bravo]

Yes they can shoot near a fp/bw but have to be so many metres away. But they are not allowed to shoot over a public right of way, so have a word with your local PC.

 

[Mike007]

A public right of way is no more than it says. It is a right to cross land owned by somebody. If they choose to shoot on it or give others permision ,they are entirely within their rights.There are restrictions on shooting within a certain distance of the public highway,but not other paths ,private roads or bridleways.As for shooting on a public right of way being dangerous. It is as safe or as dangerous as the person holding the gun . The location is irrelevant. There is however a duty of care and civil rather than criminal law dictates that the landowner has a duty of care towards people crossing their land.

 

[Double_choc_lab]

I seem to remember something about the 50 yrd rule - ie cannot shoot within 50yrds of a foothpath.

 

[lachlanandmarcus]

Near, yes they can , unless it is a road (route with vehicular rights). On (as in across it), no, even if footpath or bridleway thats not allowed. Grey area as to whether standing ON footpath and shooting off away from it is legal or not....

...but in any case the BASC code of good shooting practice covers this as follows:

The public highway
•Shoot managers and Guns must ensure that shooting does not obstruct, cause danger or alarm to users of the public highway, including roads, bridleways, footpaths and other rights of way.
•Guns should note that to shoot across a footpath or bridleway that is in use by walkers or riders may constitute a public nuisance or wilful obstruction. There may also be a liability in negligence if it is known that people are on, or likely to be on, the path.
•In particular, care should be taken when siting Guns near roads. Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.
•The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of 'culpable and reckless conduct' and 'reckless endangerment' in situations in which the 1980 Act would be contravened in England and Wales.
•Information signs, if appropriate, should be erected on shoot days on footpaths or bridleways.

So the only illegal act would be to shoot across the footpath or bridleway, or to shoot within 50 feet of the middle of a road or RUPP or byway

But the code above would essentially be what the police would be requiring shooters to adhere to these days now that a gun licence is seen much more as a privilege than a right.

So a calm and polite request for an improvement in shoot practices in that area should be met with a courteous and positive response/effort from the shoot, failing which if a real danger was still felt to exist (eg no warning signs, shooting happening in such a way that people/animals could be hit, rather than just startled), then a further communication could warn them of intention to speak to the firearms officer - that should have the desired effect.

 

[Sandstone1]

Thanks for the replys, these people were ON the footpath and near to the bridleway and close to a public road, there were quite a few people about 10 I should think, will look up if its legal or not but does seem dangerous to me!

Just read above post, there were no warning signs and as i said they were on footpath, think i might have a word with police.

 

[Orangehorse]

Doesn't fully answer the question, obtained from the BASC Code of Conduct:

Shoot managers and Guns must ensure that shooting does not obstruct, cause danger or alarm to users of the public highway, including roads, bridleways, footpaths and other rights of way.
Guns should note that to shoot across a footpath or bridleway that is in use by walkers or riders may constitute a public nuisance or wilful obstruction. There may also be a liability in negligence if it is known that people are on, or likely to be on, the path.
In particular, care should be taken when siting Guns near roads. Section 161 of the Highways Act 1980 (England & Wales) makes it an offence to discharge a firearm within 50 ft of the centre of a highway with vehicular rights without lawful authority or excuse, if as a result a user of the highway is injured, interrupted or endangered.
The Highways Act does not apply in Scotland but Procurators Fiscal may use common law offences of 'culpable and reckless conduct' and 'reckless endangerment' in situations in which the 1980 Act would be contravened in England and Wales.
Information signs, if appropriate, should be erected on shoot days on footpaths or bridleways.
Shoot managers and Guns must have special regard to the safety of riders and their horses. Noise from gunfire, beaters working in cover adjacent to bridleways or falling shot can alarm horses and endanger riders.
Where possible shoot organisers should liaise with local riders or yards, informing them when shoots are taking place.
Shooting or beating should be paused to allow horses or other rights of way users to pass.
All Guns should be made aware of bridleways and other rights of way as well as any fields in which horses are kept. Drives should be organised with this in mind.

 

[piebaldsparkle]

Thanks for the replys, these people were ON the footpath and near to the bridleway and close to a public road, there were quite a few people about 10 I should think, will look up if its legal or not but does seem dangerous to me!

Just read above post, there were no warning signs and as i said they were on footpath, think i might have a word with police.

TBH you are safer behind the guns than in front

Thus if they were on/just off the path and shooting away from it I can't see the problem. Plus from your description it doesn't appear they were actually shooting as you past them.

I once met a rough shoot on a bridleway, they stopped as I rode past and waited till I was a good distance away before continuing, so no problem as far as I were concerned.

If they had been shooting across the bridleway I would have gone mental.

There also used to be a clay shoot near where I rode and if the wind was in the wrong direction, you could hear the shot falling through the trees feet away, now that did worry me.

 

[lachlanandmarcus]

Thanks for the replys, these people were ON the footpath and near to the bridleway and close to a public road, there were quite a few people about 10 I should think, will look up if its legal or not but does seem dangerous to me!

Just read above post, there were no warning signs and as i said they were on footpath, think i might have a word with police.

hmmm I think it would be courteous and fairer to have a word with the shooters first? They might not realise they are causing a problem.

 

[not_with_it]

Dont get me started on the local shoot!

They usually tell the YO when they are shooting and did so yesterday. This morning they were out again. I stood watching them as they stood in the next field to my horses looking towards where the horses were. Little did I know that there were people and dogs in the waste land at the other side of the field. Next thing they were shooting towards the horses so I politely asked them not to shoot towards the horses. Next thing there are 2 dogs and men running around the horses field.

They were chasing the pheasants out into my horses field where they were then shooting them.
I was not impressed. Its private land and surely its comon sense not to shoot towards animals.

My horses have always grown up around gunshots so really arent bothered by the shoot or the noise but were bothered by the loose dogs going mental and the men climbing through the bushes. If they want to shoot then it really doesnt bother me but dont shoot towards the horses.

 

[Sandstone1]

hmmm I think it would be courteous and fairer to have a word with the shooters first? They might not realise they are causing a problem.

Yes I might do that but although I know who owns the land I didnt know any of the shoot. It seems like common sense to me not to shot on or near the right of way

 

[mulledwhine]

To be honest, the shoot probably existed before the right of way!!

So if you live in the country, you will have to get used to it.

I love shooting, but current pony hates the guns, so I spend an hour every week standing with him making sure he is calm and happy

Country life = country pass times

 

[PeterNatt]

The code of good shooting practice leaflets are available from The Secretary Code of Good Shooting Practice Marford Mill Rossett Wrexham LL12 0HL Tel: 01244 573019

 

[Ibblebibble]

nat1003 were they shooting in your field? or is the field your horses are in owned by the same person who owns the field they were originally shooting in? you have to have permission from the landowner to shoot on their land and you can't shoot across the boundary into someone elses land.
They shoot regularly on the farmland around where we keep the horses at this time of year and the horses take very little notice, friend of ours shoots duck on a pond only 500yds from my field with little effect after the first shot, still wouldn't want anyone shooting with a shotgun in my field tho!!

 

[Kiribati_uk]

But you are allowed to shoot an animal in distress on a public highway,
as in if someone hits a deer and the animal is still alive, but injured. It can be shot were it lies. But has to be with certain calibre rifle/gun.
But even then I think you need a certain type of licence.
That is just an excuse the shooters would poss use

 

[Pedantic]

CWG's, work it out, country life = ignoring the law and common sense then does it, or is it that there are so many townies parading as pretend country toffs in there country BMW's which have an aversion to horse or cow poo any other time of the year, this country is full of turds trying to polish themselves, polish away, still a turd.

 

[Luci07]

Is there any way of finding out when local shoots are on? No axe to grind at all but I would greatly prefer not to ride near one if possible. Did get caught out on a baby horse and had to beat a strategic and hasty retreat! Think the 50 yard rule would seem right but there was no one near we could ask to hold the shooting while we went past. It's not a moan - fully accept I dont have precedence but would like to avoid them if poss. We know when our hunt are coming through so can avoid ( or tail !) if required!

 

[mulledwhine]

Sadly no, unless you contact the shoot and ask them to let you know

As the owner if a shoot, we would now have to let over 1000 families know.

7 years ago it would have been 5 !!!!!

 

[Orangehorse]

There is bridlepath that goes through a wood which is regularly shot during the winter and I was very pleased to see that they had placed a list of the shoot days at either end of the wood - briefly, avoid Saturdays!

If the shoot is a large, commercial shoot or regularly holds shoots then it should be possible to find out from someone who to contact. If it is just a farmer's once or twice a year rought shoot, then it is going to be much harder to find out.

We have a shoot once a year, but we only inform the close neighbours, just so if they hear bangs they know what is happening.

 

[Luci07]

Thanks both! Strategic retreat it is!

We used to have a local shoot come through our land when I was a child... Mother made the fatal mistake of experimenting with corn and raisin wine and threw out the dregs...mucked up the shoot completely unintentionally as the pheasants were too drunk to be shot!

 

[cremedemonthe]

I'm pretty sure its something like not within 50 yards of a footpath or something like that.....

Yes, you are right, it's illegal to shoot any nearer than that to a public footpath but I have seen it happen quite alot round here, they even shoot over your heads at pigeons.

 

[flyingfeet]

I have to say this post is getting my back up a bit - you are on a footpath / bridlepath on some one else's land - they have a right to do what they want with it. Yes this may inconvenience you a few times a year, but its their land !!

When I hear the shoots going, I simply change where I am going out hacking to avoid them.

If you are on a footpath with dogs, you have nothing to fear. Although if you are roaming where you please with your dog off the lead that is another matter entirely.

Not too impressed when some idiot townies decide its terribly amusing when their dogs run up to me on my own farm, a long way from the footpath when I am practising archery. Yes I appreciate you cannot hear it, but people should keep their dogs on leads as you never know what people are doing on their own property and the countryside is not a park for the masses

 

[DragonSlayer]

Never seen the appeal in blowing a living creature out of the sky purely for the sport of it.

Yes, to keep numbers down, to prevent the spread of disease or over-population, indeed do so...

Each to their own though, live and let live and all that....

 

[mulledwhine]

Well said Jen cotts xx the noise is a big clue !!!

Dragon - would you like a brace xx