stevenshire1981 0 Posted October 24, 2012 Author Report Share Posted October 24, 2012 If its public land or the public have access to it you stand a good chance of loosing your gun and get a criminal record to go with it . Regards Strange thing is, up here in Scotland the public have access to all land! there are no trespass laws in Scotland! we have the right to roam any where we like as long as we close farm gates behind us and dont dump our rubbish we can go where we please! ;-) Quote Link to post
robwelsh 354 Posted October 24, 2012 Report Share Posted October 24, 2012 So it would be classed as shooting in a public area then? ^^^ Quote Link to post
AirgunGuy 362 Posted October 24, 2012 Report Share Posted October 24, 2012 (edited) If its public land or the public have access to it you stand a good chance of loosing your gun and get a criminal record to go with it . Regards Strange thing is, up here in Scotland the public have access to all land! there are no trespass laws in Scotland! we have the right to roam any where we like as long as we close farm gates behind us and dont dump our rubbish we can go where we please! ;-) That's fine mate if you're out for a stroll but if you're carrying a firearm (even sub 12FPE rifles are firearms in the eyes of the law) without the permission of the land owner then you're fcuked as it's armed trespass...no ifs, buts or maybes Edited October 24, 2012 by AirgunGuy Quote Link to post
stevenshire1981 0 Posted October 24, 2012 Author Report Share Posted October 24, 2012 Freedom to Roam There is a legally defined Freedom to Roam in Scotland, and of course there is no Law of Trespass in Scotland.... These and similar comments have been heard on many IOSA and SOTA frequencies from time to time..... Up until now, in early 2005 these statements were wrong, and in the following I shall outline what I believe was the historical situation in Scotland. First of all; I am not professionally qualified on any legal matters what-so-ever, but I have spent some time discussing these topics with friends associated with Scottish Right of Way and Access Society, Scottish Natural Heritage and other similar organisations as well as raided the Edinburgh Central Library for books on the topic. FREEDOM TO ROAM People in Scotland has for some time been able to enjoy a traditional ‘freedom to roam’ i.e. to go anywhere they pleased, and so long as no damage was done, the landowners could do nothing about it. Well, this is partially true. The Freedom to Roam has no legal standing in Scottish Law. It is NOT an ancient right as it only started to creep into the vocabulary over the last 100 to 150 years or so. LAW OF TRESPASS Contrary to popular belief, there is a Law of Trespass in Scotland. However, the Law of Trespass in Scotland has been difficult to implement, and it is therefore rarely invoked. Whereas in say England and Wales the Law of Trespass makes it an offence to be on someone else's land without their permission, in Scotland the Law of Trespass only makes it an offence if there is damage to the land or property on that land. As always in Scottish Law, the onus of proof is on the accuser i.e. before raising a case for trespass the landowner or legal tenant or occupier of the land would need to be pretty certain that he could prove at damage had been done. The landowner has one ace up his sleeve as under Scottish Law, if someone is on someone else’s land and is asked to leave, he must do so at once. If the person or persons do not comply with such a request at once, the landowner has the right under Scottish Law to ‘use any such force as is reasonably required to remove the offender from the land’. The interpretation of this law is difficult of course, and in practice is therefore rarely invoked. So, if one wishes to stay on someone’s private land for a period of time for the purposes of camping overnight, operating amateur radio or whatever, it makes sense to obtain permission first. Quote Link to post
stevenshire1981 0 Posted October 24, 2012 Author Report Share Posted October 24, 2012 If its public land or the public have access to it you stand a good chance of loosing your gun and get a criminal record to go with it . Regards Strange thing is, up here in Scotland the public have access to all land! there are no trespass laws in Scotland! we have the right to roam any where we like as long as we close farm gates behind us and dont dump our rubbish we can go where we please! ;-) That's fine mate if you're out for a stroll but if you're carrying a firearm (even sub 12FPE rifles are firearms in the eyes of the law) without the permission of the land owner then you're fcuked as it's armed trespass...no ifs, buts or maybes no trespass laws in Scotland only England and Wales thats why I am wondering. if I am walking across a feild with my rifle in a case how can i be charged if you are allowed to walk threw there in the first place?! and if thats the case why are you allowed to walk threw a crowded town full of people when its in a case on your way to a gun shop but yet you cant cut threw some ones feild to get to where you are going?! as i say ive checked the law up here and it basicly states there are virtually no trespass laws in force up here! weird! Quote Link to post
robwelsh 354 Posted October 24, 2012 Report Share Posted October 24, 2012 Most the land round me has public footpaths too though..? Is that what is up your way? Quote Link to post
Phantom 631 Posted October 24, 2012 Report Share Posted October 24, 2012 Interesting, from BASC via AGF: http://www.airgunforum.net/agf/index.php?showtopic=12881 Tony 2 Quote Link to post
riohog 5,621 Posted October 24, 2012 Report Share Posted October 24, 2012 If its public land or the public have access to it you stand a good chance of loosing your gun and get a criminal record to go with it . Regards Strange thing is, up here in Scotland the public have access to all land! there are no trespass laws in Scotland! we have the right to roam any where we like as long as we close farm gates behind us and dont dump our rubbish we can go where we please! ;-) That's fine mate if you're out for a stroll but if you're carrying a firearm (even sub 12FPE rifles are firearms in the eyes of the law) without the permission of the land owner then you're fcuked as it's armed trespass...no ifs, buts or maybes no trespass laws in Scotland only England and Wales thats why I am wondering. if I am walking across a feild with my rifle in a case how can i be charged if you are allowed to walk threw there in the first place?! and if thats the case why are you allowed to walk threw a crowded town full of people when its in a case on your way to a gun shop but yet you cant cut threw some ones feild to get to where you are going?! as i say ive checked the law up here and it basicly states there are virtually no trespass laws in force up here! weird! it may depend what the copper who stops you thinks " tresspass with intent to persue game " , Quote Link to post
AirgunGuy 362 Posted October 24, 2012 Report Share Posted October 24, 2012 Just to clear this up. There is a big difference between carrying your firearm to a gunsmiths for repair etc in a public place or walking to through someone elses field or whatever to get to your authorised permission...which would...in the eyes of the law be classed as an acceptable reason for carrying a firearm in a public place...BUT...if you are on someones ground with your firearm, without the permission of the land owner and are there with the intention of shooting game then you ARE committing armed tresapass...even if your rifle is in a case you can still be done as you don't have a valid reason for being there. If you don't have a valid reason for being there ie...en-route to your permission then you can and probably will be done with the offence. Yes...you can carry your firearm in a public place...BUT...you must have a good reason for doing so. I'm no lawyer but that is my understanding of the law in Scotland Quote Link to post
Night Hunter 109 Posted October 24, 2012 Report Share Posted October 24, 2012 Just to clear this up. There is a big difference between carrying your firearm to a gunsmiths for repair etc in a public place or walking to through someone elses field or whatever to get to your authorised permission...which would...in the eyes of the law be classed as an acceptable reason for carrying a firearm in a public place...BUT...if you are on someones ground with your firearm, without the permission of the land owner and are there with the intention of shooting game then you ARE committing armed tresapass...even if your rifle is in a case you can still be done as you don't have a valid reason for being there. If you don't have a valid reason for being there ie...en-route to your permission then you can and probably will be done with the offence. Yes...you can carry your firearm in a public place...BUT...you must have a good reason for doing so. I'm no lawyer but that is my understanding of the law in Scotland Sounds spot on to me mate.. Quote Link to post
thursodog 353 Posted October 24, 2012 Report Share Posted October 24, 2012 Just don't do it. Knock on doors and get a perm. Its either that or we'll maybe be seeing you in the news being banged up for wielding yer gun in public, which incidently gives the anti's ammo (pardon the pun) Chris. Quote Link to post
stevenshire1981 0 Posted November 9, 2012 Author Report Share Posted November 9, 2012 Just to clear this up. There is a big difference between carrying your firearm to a gunsmiths for repair etc in a public place or walking to through someone elses field or whatever to get to your authorised permission...which would...in the eyes of the law be classed as an acceptable reason for carrying a firearm in a public place...BUT...if you are on someones ground with your firearm, without the permission of the land owner and are there with the intention of shooting game then you ARE committing armed tresapass...even if your rifle is in a case you can still be done as you don't have a valid reason for being there. If you don't have a valid reason for being there ie...en-route to your permission then you can and probably will be done with the offence. Yes...you can carry your firearm in a public place...BUT...you must have a good reason for doing so. I'm no lawyer but that is my understanding of the law in Scotland cool thanks. Quote Link to post
stevenshire1981 0 Posted November 9, 2012 Author Report Share Posted November 9, 2012 Interesting, from BASC via AGF: http://www.airgunfor...showtopic=12881 Tony good one thanks that clears everything up for me. Quote Link to post
Rake aboot 4,929 Posted November 9, 2012 Report Share Posted November 9, 2012 Yup,,right to roam, but not with a gun,, All land is owned, if not by private individuals or companies, then by local authorities. Quote Link to post
bobajob 55 Posted November 9, 2012 Report Share Posted November 9, 2012 its only law if you get caught Quote Link to post
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