You don't have an open ticket. That is why your FEO said what he said.Steyr, Are you happy that some bloke down the gunshop knows what your firearms department means by its conditions? Would it not be better to ask your FEO and get the full and complete information you need?
back to the 22rf and 223
my local gun shop says its an open ticket so i dont need aproval from the fire arms department if i have new land to shoot on, because it DOSENT say "as approved by the Firearms department""
but on my licence it says "permission to shoot with this class of firearm"
is that the farmer giving me permission to use a 223 on his land? like "no problem drive your land rover over my field" or " no just use your 22rf, i dont like the bang of your 223"
or is the farming telling me that the land has been passed for a 223 and he gives me permission
My FAC states:
"6. The 6.5x55mm Rifle and 6.5x55 Sound moderator and ammunition shall be used for deer/fox control and for zeroing on ranges, or land deemed suitable by the Chief Officer of Police for the area where the land is situated and over which the holder has lawful authority to shoot"
That is the position of West Mercia, why not ask what your police authorities position is. Then you will be safe. I can guarantee you that if you are prosecuted, the chap down the gunshops advice will count for very little in court.
What is written on your FAC has nothing to do with any farmer, why would you think it has?
My FAC says "The <rifles> and ammunition/sound moderators shall be used for SHOOTING <DEER/VERMIN/FOX as applicable> and zeroing on ranges and land over which the holder has lawful authority to shoot."
Note the LACK fo the key phrase "deemed suitable by the Chief Officer of Police ..."
As per usual, this comes back to the WORDING on your FAC. It does NOT come down to the interpretation of the law by a Firearms Department.
If your FAC is CLOSED, i.e. you DO have the phrase, then in order to verify that the land is deemed suitable you have to check with them and it be on file. If you don't, how do you KNOW that the land is deemed suitable? Simple answer, you don't, and that means that if you shoot there without checking, then you are in breach of the terms of your Firearm Certificate and you can be prosecuted. NOTE: if you were to shoot over land in this example, breach of FAC conditions is the ONLY offence you could have committed.
If your FAC is OPEN, i.e. you DON'T have the phrase, then it matters not a jot what the Firearms Department thinks the law is. They do NOT make up the law, contrary to what some of them think. They simply do the licensing and enforce the law. If any Firearms Department tried to prosecute someone for being in breach of FAC conditions, when they've shot over land where they are authorised to shoot, and hold an Open FAC, then any lawyer will have that dismissed in about 5 minutes.
Where the Authorities do have control is over the issuance of an Open FAC. They don't have to issue one, although almost all do, simply because it makes their lives easier. The simple fact is that if you get an inept licensing department you're screwed, and THAT is the real problem here.