Advice needed

[JeffH]

Originally Posted by Garden Carpet

.. does he often discharge an air rifle in his garden. If he does he is breaking the law as to do so within 50 metres of residential property or on or over public ground is illegal.

Perhaps your other half might have a word with him as he is clearly in breach of two laws.. if not three with the magpies as I very much doubt he had a license! Jaki

I have no wish to defend or condone the actions of the idiot concerned here - as indicated in my earlier post, the shooting of a Sparrowhawk is well out of order - but can we at least be clear on the extent to which he has actually broken the law

Despite what Garden Carpet says it is NOT necessarily an offence to discharge an air rifle in one's own garden and it is entirely irrelevant whether or not it is within 50 metres of other residential property.

The law allows the firing of air rifles on one's own property or on other property with the landowner's permission, provided the pellets do not go beyond the property boundaries and the firing takes place more than 50 FEET from the centre of the nearest roadway, meaning that in most cases firing within the boundaries of one's own back garden is perfectly legal.

The actual legislation says:-

"Firing pellets beyond your boundary

It is an offence to fire an air rifle pellet beyond the land where you have permission to shoot, unless the occupier of the neighbouring land has also given you permission. Where someone under 14 is shooting, both the young person and the supervising adult can be prosecuted.

It is also against the law, in England and Wales, to fire an air rifle within 50 feet of the centre of a highway if this results in someone being injured, interrupted or endangered. These offences could be committed, for example, when someone is shooting in their garden close to a road and the pellets ricochet onto the highway.
It is an offence in Scotland to discharge any gun in a culpable or reckless manner. This means shooting without caring about the safety of others."

As for reporting the matter to the Police, RSPB, Crimestoppers etc, as others have said where is the actual evidence? In its absence, the best course is surely a word in his shell-like

Jeff

[snowdrop]

I thought you had to have a licence for all types of gun, air guns included?

I can understand why you hesitate to getting involved in what could escalate into a nasty situation, NigeIT. A similar thing happened to one of my old neighbours back in the eighties. The teenage boy living adjacent to her used the birds visiting her bird table as shooting practice. After what she thought were a few friendly words the two families fell out. The result of this was a daily shock at finding a variety of dead birds, some still bleeding, lying neatly in a row on her front doorstep.

She got the message. Six months later she left the district.

[JeffH]

Originally Posted by snowdrop

I thought you had to have a licence for all types of gun, air guns included?

That's another popular myth I'm afraid. You need a certificate for shotguns and for certain other types of firearms but not for air guns/rifles unless they exceed 12 foot lbs of muzzle energy, which the vast majority do not. Those that do are generally used by pest controllers and the like.

And for fear of this thread turning into an hysterical debate on gun laws, please bear in mind that there are some 4 MILLION air rifles in use in the UK with the vast majority being used in a responsible, legal manner. Bearing in mind that number, just how many cases like the one raised by Nigel do you hear of?

Jeff

[buteo_buteo]

Maybe a swift kicking would sort him out! Yes, I know violence is not the answer, but if anyone (friend or not) admitted to me they'd shot a bird of prey I'd not be responsible for my actions!

On a serious note it's definitely worth speaking to your local wildlife crime officer(s) - if you have such a thing where you are. Even if there is no evidence in this instance they can keep an eye on him for possible future illegal activity. Worth getting his name down on their files.

Did he tell you why he'd done it? Presumably he's one of these misguided individuals who was trying to protect his songbird population?

[JeffH]

Originally Posted by buteo_buteo

.... Presumably he's one of these misguided individuals who was trying to protect his songbird population?

Hmmmm, now that raises a whole different argument and one that's been well debated before on this site so I'm not going to pursue the point here. Having said that, it's perhaps worth bearing in mind that Magpies and other corvids are 'controlled' on many nature reserves, particularly where there are Tern colonies or breeding waders, because of their tendency to raid nests for eggs and young birds.

Jeff

[NigelT]

Originally Posted by zek

I'm currently in a similar situation. It's not an easy one. If you report him what's going to be the eventual outcome? I'd be fairly certain the police/wildlife officer won't take it too seriously for a number of reasons - eg: lack of evidence. If they do speak to him on the matter, he may in future refrain from shooting sparrowhawks, which is positive, or on the other hand (and I reckon more likely) he'll continue his activities but will be more cautious about whom he tells.
If he's spoken to by the authorities, and his brain cells are activated as a result, the finger could point at you, and you could find yourself in a mess.
The bottom line is - this case isn't going anywhere. Forget about legislation - there won't be enough evidence.

Is the sparrowhawk in his freezer or did he get rid of it?
Is there a possibility that the sparrowhawk could be forwarded to a taxidermist? That might open other doors of opportunity for you. Failing that I'd say nothing and keep my ear open in the future. Sooner or later you'll get your opportunity.

Zek.

Hi Zek

Sounds as if you have a similar concern. I have not seen this guy myself for several years but my other half is a close friend of his wife as they went to school together so it's difficult.

I am incensed about it to say the least and inclined to report it to the police through the undisclosed system but don't feel they would follow it up as they might just think it a malicious report by a bad neighbour or something of that sort. If I say anything about it via my wife it is likley to resort in her loss of a close friend - it being the guy not her friend that did this.

In regard to the discharge of a rifle, his garden backs onto fields so I suppose he fired it off over the rear boundary tho don't know for sure.

I am still not sure how to manage this but will see how I feel soon.

Perhaps I was hoping that there was a way of reporting this incident to the RPS or some similar body in a manner that would be undisclosed but obviously that is not a route I can follow.

This could result in major problems for me I think but still want to do something. I dont care if it is O.K. to kill magpies with a licence or not all these creatures should be left alone! So a sparrow hawk takes small birds, i try to avoid that in my garden by shooing them away if they turn up after all as long as you dont see them take a bird it doesnt matter - they will take one elsewhere thats there way of life and what a wonderful bird to see anyway!

Thanks for your comments folks