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Deer act and shotguns

 
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NeilMac



Joined: 28 Jun 2006
Posts: 981
Location: UK Midlands

PostPosted: Wed Aug 22, 2007 2:58 pm    Post subject: Deer act and shotguns Reply with quote

By my reading of the Deer act, if an occupier of land uses a shotgun to kill deer damaging crops etc. only AAA shot can be used, SG would be prohibited.
Am I missing something here?
http://www.opsi.gov.uk/ACTS/acts1991/ukpga_19910054_en_1#pb1-l1g4
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Carrot Cruncher



Joined: 17 Sep 2006
Posts: 751

PostPosted: Wed Aug 22, 2007 4:06 pm    Post subject: Reply with quote

Nothing smaller than AAA is what it says.
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NeilMac



Joined: 28 Jun 2006
Posts: 981
Location: UK Midlands

PostPosted: Wed Aug 22, 2007 4:35 pm    Post subject: Reply with quote

Carrot Cruncher wrote:
Nothing smaller than AAA is what it says.


Ah, that's what you would think but as I see it that only applies when using a shot pistol! (Under 24" barrel)

Quote:
6 General exceptions to certain provisions of this Act <snip>
(5) A person shall not be guilty of an offence under section 4(2)(a) above by reason of the use as a slaughtering instrument, for the purpose of killing any deer, of a smooth-bore gun which—

(a) is of not less gauge than 12 bore;

(b) has a barrel less than 24 inches (609.6 millimetres) in length; and

(c) is loaded with a cartridge purporting to contain shot none of which is less than .203 inches (5.16 millimetres) in diameter (that is to say, size AAA or any larger size).


7 Exceptions for occupiers etc. of land where deer are

(1) Subject to subsection (3) below, a person to whom this section applies shall not be guilty of an offence under section 2 above by reason of—

(a) the taking or killing of any deer by means of shooting, or

(b) the injuring of any deer by means of shooting in an attempt to take or kill it,

on any cultivated land, pasture or enclosed woodland.

(2) Subject to subsection (3) below, a person to whom this section applies shall not be guilty of an offence under section 4(2)(a) above by reason of the use, for the purpose of taking or killing any deer on any land, of any smooth-bore gun of not less gauge than 12 bore which is loaded with—

(a) a cartridge containing a single non-spherical projectile weighing not less than 22.68 grammes (350 grains); or

(b) a cartridge purporting to contain shot each of which is .203 inches (5.16 millimetres) in diameter (that is to say, size AAA).



See what I mean!
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Carrot Cruncher



Joined: 17 Sep 2006
Posts: 751

PostPosted: Wed Aug 22, 2007 4:51 pm    Post subject: Reply with quote

You're conflating two separate exemptions. Paragraph 7 is not constrained by anything in para 6.
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NeilMac



Joined: 28 Jun 2006
Posts: 981
Location: UK Midlands

PostPosted: Wed Aug 22, 2007 10:15 pm    Post subject: Reply with quote

Carrot Cruncher wrote:
You're conflating two separate exemptions. Paragraph 7 is not constrained by anything in para 6.


Seriously, read it again. Para 7 states quite clearly that it's AAA or nothing as far as the occupier rule is concerned. Doesn't reference Para 6 for humane destruction with a S1 (short barrel) shotgun.
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cybershooters
Site Admin


Joined: 17 Jun 2006
Posts: 4587

PostPosted: Thu Aug 23, 2007 4:01 am    Post subject: Reply with quote

Yeah, might be a drafting error, or the Act as presented on the website has a typo in it, I've seen that before.
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Only three things are certain: death, taxes and stupid gun laws.
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