1. It is not a specific offence to shoot across a public right of way, but to do so could amount to a common law nuisance, wilful obstruction of a highway under the Highways Act 1980 s 137, a breach of the Health and Safety at Work Act 1974 or intimidation. This advice note explains the relationship between rights of way law and use of firearms for sport, stock control or recreational purposes. It will also look at good shooting practice, with particular reference to the consideration of rights of way users.
Who can carry a firearm?
2. Section 19 of the Firearms Act 1968 makes it an offence for a person to have a loaded air weapon, or any other firearm whether loaded or not, together with ammunition, in a public place, unless he can prove lawful authority or reasonable excuse. A public place includes any highway (s 57) and other premises or place to which the public have or are permitted to have access.
3. Generally speaking, a licence or a permit is required for the possession of a firearm, and a person could not claim to have lawful authority under the Firearms Act 1968 s 19 if he had an unlicensed weapon. In 2003 the Anti-social Behaviour Act extended the Firearms Act to include unloaded air weapons and imitation firearms.
Shooting on or near a carriageway
4. It is an offence under the Highways Act 1980 s 161(2) to light any fire on or over a carriageway, or discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic, but not to footpaths and bridleways.
Shooting near a footpath or bridleway
5. Good shooting practice requires that at all times consideration should be given to other users of the countryside. Although it is not a specific offence to shoot across a right of way, it is an offence to disrupt user of that way and cause a nuisance. It is suggested that shooting should halt whilst people use nearby rights of way, and that it is ensured that users have left the area before resuming. This is considered to be a necessary safety precaution and it should avoid causing an excessive noise disturbance.
6. The Chartered Institute of Environmental Health (CIEH) produced a guidance document on the control of noise in reference to clay target shooting. It states that, ‘No shooting should take place in the direction of any public right of way (or any building with public access) that is within 275 metres (300 yards) of the shooting position’. It also recommends that all other publicly accessible areas within 1 km of the shoot should have prominent signs displayed by the organisers indicating the existence of the shoot. Greater safety margins may be needed for bridleways. Horses can be unpredictable and dangerous if startled.
Reporting incidents
7. Highway authorities (i.e. a county council or unitary authority) are responsible for asserting the rights of the public to the use and enjoyment of rights of way, as well as maintaining them and keeping them free from obstruction. Anything that impedes the existing legal access to a right of way may be an obstruction. And the obstruction of the highway constitutes one form of public nuisance.
8. When reporting to the highway authority you should give full details of the exact circumstances of the matter complained of; the nature of the obstruction (e.g. a shoot taking place across a path which you feel you can not pass safely), its exact location, preferably with a grid reference, and (if known) the path’s number. The date and time when the obstruction was met; the names and addresses of any witnesses; and, if known the names and address of the landowner should also be given. You should also consider reporting the matter to the police.
9. The Public Order Act 1986 makes it an offence to use towards another person threatening or insulting words or behaviour with the intent to cause that person to believe that imminent unlawful violence will be used against him. Further, a person who assaults, or threatens to assault, a path user could be prosecuted under the common law for assault. Assault can include the pointing of a gun, whether loaded or not. Incidents such as these should be reported to the police immediately.
Further reading
Rights of Way: A Guide to Law and Practice 4th Ed, John Riddall and John Trevelyan, Open Spaces Society and Ramblers’ Association, 2007.
The Code of Good Shooting Practice British Association for Shooting and Conservation.
Clay Target Shooting: Guidance on the Control of Noise Chartered Institute of Environmental Health.
