Shoots and gun laws: Do you know your responsibilities?

Q. How would a section 1 and 2 merge affect farmers? 

Section 1, for rifles, is bureaucratic and requires a person to justify every firearm in advance. Every shotgun possessed will have to be justified. This becomes more difficult with every similar type of gun. 

‘Good reason’ will be used to limit the purposes for which the shotgun can be used, backed up by highly restrictive conditions. It is a criminal offence to fail to abide by the conditions on a certificate. Additionally, the police will want to come and look at the land over which the gun will be used. Blanket ‘good reasons’ such as ‘pest control’ will not be acceptable; the specific quarry will have to be listed and the shotgun limited to those species alone.

There will be controls on the amount of ammunition, and it will have to be kept locked up. A shotgun kept as an heirloom or for sentimental purposes will not be allowed. Shotguns will no longer be able to be loaned for 72 hours and only someone over the age of 17 may borrow one for use under supervision.

Q. What are landowners’ responsibilities when hosting a shoot?

Landowners in the UK have significant legal responsibilities, known as a duty of care, when hosting a shoot on their land to ensure the safety of participants, employees, and the public. These responsibilities are primarily governed by the Occupiers’ Liability Act 1957 and 1984, the Health and Safety at Work Act 1974, and common law negligence. 

Key responsibilities include:

• Identify potential hazards and implement control measures, such as signage, fencing, or temporary route diversions
• Ensure the shoot is conducted safely, which includes managing risks to participants and the public, especially near public rights of way (PRoW)
• If the shoot has five or more employees (including beaters or pickers-up), a written health and safety policy is a legal requirement
• Ensure that shoot activities do not obstruct, endanger, or cause alarm to users of public highways, footpaths, or bridleways
• Duty of care is owed to authorised visitors (1957 Act) and, to a more limited extent, trespassers (1984 Act)
• Public Liability Insurance is highly advisable to cover potential accidents and injuries, as well as Employers’ Liability Insurance if staff are employed
• Ensure that shooting activities comply with legislation
• If shooting rights are leased to a third party, a written agreement (shooting lease) should clearly outline responsibilities, liabilities, and safety protocols to protect both parties. As a general principle, an agreement should say what is not allowed, rather than what is. Both parties should sign and keep a copy
• Manage the land to avoid damage, particularly in sensitive areas or when heavy stocking of game could affect crops
• If shooters do not have permission, their presence with firearms constitutes armed trespass. It is the landowner’s responsibility to manage or report this.

Q. What are the rules around PRoW?

As a general rule, pegs should be sited so the gun points away from the footpath and is a short distance from it. The only exception is if the shoot has the right to shoot on land either side of the footpath. If numbers permit, it is always wise to post sentries to warn footpath users that shooting is taking place, acting with courtesy and diplomacy. If the situation degenerates, it is always wise to stop shooting and put guns in slips. Video all exchanges on a mobile phone and take a note of number plates etc. 

Settled law provides that the purpose of a footpath is to pass and repass. Using it for any other purpose, e.g., to run an anti-shooting protest, is unlawful. All users of countryside rights of way need to respect the rights of others. Shoots must ensure their activities do not endanger, interrupt or injure others.

READ MORE: Farmers urged to act ahead of consultation restricting gun ownership

Q. What is some key gun safety advice for farmers? 

The fundamental rule for safe gun handling is called ‘muzzle awareness’. This means you should always know where the barrel of your gun is pointing, and it should never be in a direction where injury or damage might be caused if it went off. 

Always treat any gun as ‘loaded’ until proven otherwise; always unload your gun when crossing an obstacle; and when decoying pigeons, never have more than one person in a hide. Don’t shoot into undergrowth or other cover.

If you are uncertain if something is lawful, then don’t do it. Join a shooting association with a professional firearms team, which can give definitive legal advice. Be very sceptical about advice from forums, chat rooms or social media groups. 

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