john b 38 Posted January 13, 2008 Report Share Posted January 13, 2008 Well I just stumbled over this for Scotland Amendment of Agriculture (Scotland) Act, 1948, as to spring traps The following sections shall be substituted for section fifty of theAgriculture (Scotland) Act, 1948 (which regulates the use of firearms and spring traps for the purpose of killing hares or rabbits):— 50 Prohibition of night shooting, and use of spring traps (1)Subject to the provisions of this ssection, a person shall be guiltyof an offence under this subsection if— (a)between the expiration of the first hour after sunset and thecommencement of the last hour before sunrise, he uses a firearm for the purpose of killing hares or rabbits; or source Quote Link to post Share on other sites
jultaylor1972 2 Posted January 14, 2008 Report Share Posted January 14, 2008 Is that the same in England? Quote Link to post Share on other sites
john b 38 Posted January 14, 2008 Author Report Share Posted January 14, 2008 Well that was the point really. There was some debate on here a while ago about night shooting in general but noone could find anything on the DEFRA site which gave any clear guidance. I think that this particular bit only applies to Scotland and as far as I know England and Wales is ok - but then as I say I can't find very much. I'm pretty sure England and Wales are OK for rats and rabbits but it would be nice to find something definitive. Quote Link to post Share on other sites
Deker 3,491 Posted January 14, 2008 Report Share Posted January 14, 2008 (edited) OK this one is a complete minefield and there are differences between England/Wales and Scotland. Sorry if you are in NI or Ireland I don't have the details. This is never going to be easy so please don't complain, there is a lot to it and I suggest you read it a couple of times. First off, and in principle there are little or no restrictions on night shooting of vermin, Game is where all the interesting stuff comes in. 1880 Ground Game Act. 1906 Amendment Act. Game consists of Deer, hares, pheasants, partridges, grouse, heath or moor game, black game, woodcock, rabbit and snipe. Problem with this definition is that rabbit are defined as vermin under the 1954 Pest Act (England and Wales) which states... the whole of England and Wales, apart from the City of London, the Isles of Scilly and Skokholm Island, has been declared a rabbit clearance area. Within this area, occupiers of land have a continuing obligation to kill or take any wild rabbits living on, or resorting to, their land, or to prevent the rabbits from causing damage elseware...failure to fulfil these obligations may lead to the occupier being prosecuted... (But noboby has taken rabbit out of the 1880 Act, rely on the 1954) Night Game shooting England and Wales The use of firearms at night for shooting ground game is prohibited under section 6 of the Ground Game Act 1880 - night time is between the expiration of the first hour after sunset and the last hour before sunrise. Schedule 7 of the Wildlife and Countryside Act 1981 provides an exception for occupiers of land, or one other person authorised by them, to use firearms at night for the purpose of killing ground game if the occupier has the written authority of a person entitled to kill or take the ground game on that land, that is the holder of the shooting rights. Night Game shooting Sotland Section 50 and 50A of the Agriculture (Scotland) Act 1948, which also prohibited shooting at night, were also amended by Schedule 7 of the Wildlife and Countryside Act 1981, as follows 1 It is not unlawful for the owner of shooting rights on any land, or any person holding those rights from them, or the occupier to use a firearm for the purpose of killing ground game thereon at night. 2 The occupier of any land shall not use a firearm to kill or take ground game at night unless (except if they have exclusive rights) they have first obtained written authority of the other person or one of the other persons entitled to kill and take ground game on the land. Deer --this has changed yet again in England and Wales in 2007 and a licence is now required to take deer at night. To make life even more interesting......... 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.....that being the case you may have to write your own written permission under certain circumstances!! So..in principle you can take whatever Game you like (as long as you have the land rights) day and night in England, Wales and Scotland but in some cases you will need written permission and from 2007 a licence for deer. Vermin have no restrictions for night shooting as long as you have the land rights but are of course covered by the General Licence every year. And as for Rabbit is seems to be open warfare. Hope this has helped rather than confused further. Main source of information Home Office, Firearms Law Guidance to the Police. Cheers Deker Edited January 16, 2008 by Deker Quote Link to post Share on other sites
john b 38 Posted January 14, 2008 Author Report Share Posted January 14, 2008 well done that man let everyone have a read then I'll make your post a 'pinned' Quote Link to post Share on other sites
jultaylor1972 2 Posted January 16, 2008 Report Share Posted January 16, 2008 well done that man let everyone have a read then I'll make your post a 'pinned' Good. Its worth a read. Thanks. Quote Link to post Share on other sites
Malt 379 Posted January 16, 2008 Report Share Posted January 16, 2008 Good post Deker! Quote Link to post Share on other sites
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