The Air Rifle And The Law

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(Reprinted from Airgun Fieldcraft, 2016 and updated, Feb 2017. Excludes Scotland.)

The air rifle is a hugely maligned tool where the press and general public are concerned … and quite wrongly so. There are a reputed four million airgun owners in the UK. In the past it was a relatively unregulated gun so no-one really knows how many are out there, buried in attics or garden sheds. A handful of incidents each year by ne’er-do-goods, irresponsible morons or (tragically) youngsters who have stumbled on an unsecured rifle (and mis-used it) have given rise to calls in many quarters to either ban or license this superb and efficient hunting tool. As I complete this book (2017), Scotland has just introduced licensing for airguns. This, against advice from the senior representation of Scotland’s policing. In the face of reduced spending on policing, there is now a huge administrative burden dumped upon Scotland’s ‘finest’ by a crass and undemocratic decision. A decision based on misinformation and political bias, not common sense and statistics. If you’re reading this and live in Scotland, just bear one thing in mind. It could have been much worse. Many of your own folk wanted an outright ban on airguns, as do many misinformed folk across the rest of the UK. The advice below relates to legislation (as I understand it) in the UK excluding Scotland.

I firmly believe that this needs to be put into perspective. Personally, I would rather an 18 year old boy asked for an air rifle than a motorbike. His chances of survival to the age of 25 would multiply a thousand fold … and those of people around him. Analyse the illegal or tragic incidents surrounding air rifles and you will find two common factors. The transgressors are usually urban, not rural, individuals. They are usually not youths but idiotic (often drunk) adults. Deaths are usually due to children accessing airguns which should have been secured (and there was already adequate legislation for that. The shift in law to raise the legal age of ownership from 17 to 18 years of age, typically knee-jerk politics, ignored that latter fact. Licensing would be un-policeable, as Scotland will now find … especially regarding all those ‘hidden’ guns. Many readers will appreciate that shotguns have long been licensed. Events over recent years have proved that licensing is worthless in the face of individual, psychological behaviour … which changes with personal circumstance. In my own area, over the past year, two well respected and apparently sane men have shot first their partner, then themselves, with their shotguns following financial or relationship problems. Does that mean no-one should own a gun? That would be ridiculous. Misuse is true of not just guns but also motor vehicles. Yet, strangely, I’ve never heard a call for a ban on cars because some idiot decided to get drunk and kill someone while driving?

Despite all my comments above, I find some of the recent legislation completely sensible. The need for an airgun retailer to register an address. The need to sell ‘face to face’ via a registered firearm dealer (RFD) rather than through mail-order. It all helps to prevent future nonsense and mis-use. Some of the current laws (which apply to all form of shooting) are derived from common sense. Such as not being allowed to shoot across the boundary of your permission or having to carry your gun in a slip, with no ammunition in it, while passing through a public place. Simple safety-based rules. The addition of home gun security rules shouldn’t have effected most responsible air gun users … I’ve always lock mine away securely in a gun-safe. I hope you do too?

At risk of over simplifying the law, I’m not going to write a list of current legal requirements for ownership of an airgun. I am simply going to refer you to the experts … check for legal compliance with shooting organisations such as BASC (the British Association for Shooting & Conservation) or CA (the Countryside Alliance). You will find contact details at the back of this book. Whenever you read this book … from the date of first issue or in thirty years time, these organisations will have all the relevant data on current legal requirements. It is important that you learn these, as non-compliance can cost you financially and also risk a term at Her Majesty’s Pleasure.

If you happen to be reading this in ten years time (2027), I just hope that all the lobbying and hard work that BASC, CA and the airgun press do on your behalf has paid off and you can, under the right conditions, still walk into a gun shop and buy an air rifle to control vermin and hunt for the pot.

It is perfectly legal to shoot grey squirrels, rabbits and woodpigeons at any time of the year on land on which you have permission to shoot. That is, land you own or where the owner has asked you to carry out control. There are, however, a number of things to remember to keep you on the right side of the law at all times. So, first of all, who can legitimately use an air rifle? There are age restrictions.

At 18 years or older there are no restrictions on buying an air rifle and ammunition, and you can use them wherever you have permission to shoot.

At 14-17 years old you can borrow an air rifle and its ammunition. You can also use an air rifle, without supervision, on private premises where you have permission to shoot but … you cannot buy or hire an air weapon, or ammunition, or receive one as a gift. Your air weapon and ammunition must be bought and looked after by someone over 18 … normally your parent, guardian or some other responsible adult. Nor can you have an air weapon in a public place unless you are supervised by somebody aged 21 or over, and you have a reasonable excuse to do so (e.g. while on the way to a shooting ground).

If under 14 years old You can use an air weapon under supervision on private premises with permission from the occupier – normally the owner or tenant. The person who supervises you must be at least 21 years old. You cannot, however, purchase, hire or receive an air weapon or its ammunition as a gift, or shoot, without adult supervision. Parents or guardians who buy an air weapon for use by someone under 14 must exercise control over it at all times, even in the home or garden. NB. It is illegal to sell an air weapon or ammunition to a person under 18 years of age.

Other legal aspects to remember include the following:

You may only shoot on land you own or where you have permission from the owner and within its boundaries. This is an important point because if you fire a pellet across the boundary of your land or permitted land, you will commit armed trespass! A crime with serious consequences and harsh penalties. This applies too if you cross over onto un-permitted land (trespass) carrying an air rifle. Even if it is unloaded, you are guilty of armed trespass.

It is an offence to possess an air rifle in a public place without lawful authority or reasonable excuse. Common sense allows that some people may need to travel with a (covered) rifle but carrying permission notes or gun club membership is strongly advised.

It is illegal to discharge your air rifle within 50 feet (16 yards) of the centre of a public highway if, in doing so, you cause someone to be ‘injured, interrupted or endangered’. The first one means you’re in big trouble anyway. The latter two can include causing drivers or horse-riders to become distracted. So don’t wave a gun around near a public highway which, incidentally, includes public footpaths and bridleways.

2 thoughts on “The Air Rifle And The Law

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