# is it legal to shoot from a public bridleway?



## twisteddiamond (30 October 2010)

as post title really?
The chap was driving along the bridle way and shooting out of his car window


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## huntley (30 October 2010)

Definitely illegal! Should be reported to the police.


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## Mike007 (30 October 2010)

A bridleway is a right of way for horses over land which belongs to someone.Often ownership is by the local authority but frequently not. The land owner retains the right to use his land,regardless of it being a bridlepath. So if he chooses to drive on it or gives authority to do so ,he is completely entitled,because it is his land.Shooting would also not be restricted. The law only refers to shooting within a certain distance of the highway.Without more specific details it is not clear whether an offence has been commited. I could well envisage a game keeper potting vermin from a landrover for example.It simply boils down to ,"did this person have authority to shoot on this land".


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## Jenna500 (30 October 2010)

Sorry Mike but I don't think that's true.

I had someone shooting on a footpath that runs adjacent to my field a few weeks ago.  I rang the police as, although he wasn't shooting 'at' my horses I was concerned he might hit them by accident.  

The police told me it was totally illegal for him to be shooting there, and to dial 999 if it ever happened again.  

I can't imagine it would be any different for a bridleway which is, after all, a public right of way.


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## Mike007 (30 October 2010)

It entirely depends on who owns the land the shooter is standing on and where he is shooting into.No ,in the circumstances I have outlined it is not illegal.


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## springer1021 (30 October 2010)

I thought it was legal to shoot from a bridleway as long as you do not shoot over it.


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## Maesfen (30 October 2010)

springer1021 said:



			I thought it was legal to shoot from a bridleway as long as you do not shoot over it.
		
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Same here.  As long as it's away from the right of way and not into or along it, then as long as they have permission from the land owner, I don't think there's much you can do.


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## kiteman0 (30 October 2010)

it depends who owns the land.

if the bridleway is on private land and the shooter has the shooting rights on the land that the path goes over he has full rights to shoot on it over it and beside it.

if he was using a air rifle or a shot gun he wont have many problems shooting there but if he was using a rifle the land would have to be cleared with the police and they would definetly have put restrictions with regards the bridle path.
on our land that we shoot we are only allowed to shoot away from public paths but thats with a rifle. i dont think theres any restrictions when it comes to air rifles and shotguns.

if it's a problem, i would have a word because anyone who shoots needs to have commonsense.


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## Mike007 (30 October 2010)

kiteman0 said:



			it depends who owns the land.

if the bridleway is on private land and the shooter has the shooting rights on the land that the path goes over he has full rights to shoot on it over it and beside it.

if he was using a air rifle or a shot gun he wont have many problems shooting there but if he was using a rifle the land would have to be cleared with the police and they would definetly have put restrictions with regards the bridle path.
on our land that we shoot we are only allowed to shoot away from public paths but thats with a rifle. i dont think theres any restrictions when it comes to air rifles and shotguns.

if it's a problem, i would have a word because anyone who shoots needs to have commonsense. 

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Spot on Kitemano .


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## Baggybreeches (30 October 2010)

Jenna500 said:



			Sorry Mike but I don't think that's true.

I had someone shooting on a footpath that runs adjacent to my field a few weeks ago.  I rang the police as, although he wasn't shooting 'at' my horses I was concerned he might hit them by accident.  

The police told me it was totally illegal for him to be shooting there, and to dial 999 if it ever happened again.  

I can't imagine it would be any different for a bridleway which is, after all, a public right of way.
		
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I am sorry, but it is highly likely that you local police don't actually have much of an idea of firearms/shooting laws. We have one guy in the whole of our Constabulary who deals with licences. There may be some officers who shoot but they are the minority.


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## farriersmum (31 October 2010)

Are they supposed to have a car on a bridleway?  Report it to the BHS.


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## Elsbells (31 October 2010)

Common sense should prevail? 

Surely if he's putting you or anyone on the bridlepath or anyone anywhere come to that in danger by useing a fully loaded and discharging gun with little or no thought, he should be arrested and charged with something!!!!!!??


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## Alec Swan (31 October 2010)

I'm sorry to tell you this,  but Mike007 and Kiteman0 are both entirely right.  A bridle path is a right of way only.  If the pathway is in private ownership,  then the owner can do as he will with it,  providing that he doesn't restrict access.  A Public Highway is a different matter.

Generally the Police are the last to ask for legal advice,  the bulk of them haven't a clue!  I'm not condoning the action of the person discharging a firearm,  just telling you the facts.  Shooting around horses,  is irresponsible,  at the very least,  but that's all that can be levelled at them,  I'm sorry to tell you.

Alec.


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## sywell (31 October 2010)

It would be a common law nuisance,wilful obstruction of the highway,breach of the Health and Safety at work Act or intimidation. If it was a byeway open to all traffic it would be an offence to discharge a firearm with in 50 feet of the center and this would include air rifles. See the Blue Book


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## soggy (19 November 2010)

sywell said:



			It would be a common law nuisance,wilful obstruction of the highway,breach of the Health and Safety at work Act or intimidation. If it was a byeway open to all traffic it would be an offence to discharge a firearm with in 50 feet of the center and this would include air rifles. See the Blue Book
		
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Sorry, but you are wrong. 

Mike, Kiteman, and Alec are absolutely correct in regards this, and the law  as well as the lack of basic knowledge of such matters demonstrated by your average police officer.


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## sywell (19 November 2010)

soggy said:



			Sorry, but you are wrong. 

Mike, Kiteman, and Alec are absolutely correct in regards this, and the law  as well as the lack of basic knowledge of such matters demonstrated by your average police officer.
		
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Are you saying that Rights of Way a guide to law and practice by Riddall and Trevelyan is wrong as  my quote is from the Blue book


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## Alec Swan (19 November 2010)

sywell said:



			Are you saying that Rights of Way a guide to law and practice by Riddall and Trevelyan is wrong as  my quote is from the Blue book
		
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I can't speak for soggy,  but I can assure you that there is a world of difference between "Right and wrong",  and what is achievable!!

Alec.


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## rosie fronfelen (19 November 2010)

Iwould get in touch with the fire arms department of your county police station.


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## Paddydou (19 November 2010)

Its always been my understanding that you can shoot from footpaths and bridleways but not across/ towards them unless you have a centurary to call when its clear and stop people walking across when firing is in progress at either end. All for obvious health and safety issues!

Personally I would consider this good training for my horses and dogs to get them used to the unusual and make them safer but then I do expect alot from them all I guess!


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## Aces_High (19 November 2010)

We are land owners and have one bridleway on our farm and yes we shoot throughout the year.  We obviously do not use rifles over the bridleway as it's foolish when the bullet can travel 1800M that we cannot see when they are going to end up.  We shoot pheasant, partridge, deer etc etc and we've never had a problem.  The majority of riders will be able to see the shooting party before they get too close to the guns and they can always turn home if they think their horse will mess around.  We have a clay gun club to and it's amazing how quickly the horses switch off to the noise.


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## Haha (19 November 2010)

Well farmers are allowed to drive on the bridleways if it is part of their farm and shoot.  The police have a firing range which is next to a bridlepath and put a flag up if shooting is happening at that time.


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## Aces_High (19 November 2010)

One thing which is so vital is that riders and dog walkers do not ride/walk on farmers land without first obtaining permission due to what I stated above in that the bullet of a rifle does travel a huge distance.  We are very careful but at night time (dog walker not rider) it could be hard to see if someone is there.  We also drive on this bridleway the whole time otherwise we can't get to parts of the farm! There are H&S notices everywhere as during harvest especially there are combines, potato harvesters etc etc using the track the whole time.


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## Xlthlx (20 November 2010)

Mike007 said:



			A bridleway is a right of way for horses over land which belongs to someone.Often ownership is by the local authority but frequently not. The land owner retains the right to use his land,regardless of it being a bridlepath. So if he chooses to drive on it or gives authority to do so ,he is completely entitled,because it is his land.Shooting would also not be restricted. The law only refers to shooting within a certain distance of the highway.Without more specific details it is not clear whether an offence has been commited. I could well envisage a game keeper potting vermin from a landrover for example.It simply boils down to ,"did this person have authority to shoot on this land".
		
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It's illegal to shoot from a moving vehicle or one with the engine on.


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## Alec Swan (20 November 2010)

Xlthlx said:



			It's illegal to shoot from a moving vehicle or one with the engine on.
		
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Not so.  If it were,  then the night shooting of rabbits and foxes would be illegal,  and it isn't.

Alec.


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## JanetGeorge (20 November 2010)

The BASC Code of Good Shooting Practice covers the situations rather well:

"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.
    * The siting of release pens and feeding of game near highways should be avoided. Game managers should collect and dispose of road casualties where possible.

Horses and walkers

    * 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."

So - although some things are 'legal' - this does not absolve shooters of the need to take care regarding the safety of others!


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## soggy (20 November 2010)

sywell said:



			Are you saying that Rights of Way a guide to law and practice by Riddall and Trevelyan is wrong as  my quote is from the Blue book
		
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"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."

It would sure seems that way. Bridelways are not the queens highway and are not covered by the 1980 highways act.

As Janet says some things are "legal".


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## horse.love92 (23 November 2010)

Yes you are allowed to shoot on/ across a right of way. There is no legislation saying you can't . Mad I know !


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