Shooting -rights of way and access (England and Wales)

When the footpath runs across private land the ownership of the land and sporting rights are unaltered.

Therefore, a person with the shooting/sporting rights may shoot on or over footpaths on their land equally to public having the right to walk (to pass and re-pass) along it as a means of communication. So, the public and the shooters have a concurrent right to the footpath and it is up to both parties to not obstruct the other.

However, if you shoot over footpaths, only do so if you have permission to drop shot over the land on the other side. To fire a bullet or shot onto land that you have no right to shoot into or over is ‘constructive trespass’. Whilst this is a civil matter BASC strongly advises not to do this. It is also a basic safety precaution not to shoot into cover where you cannot be sure what your projectile(s) will hit.

It is especially important to apply this when shooting near footpaths obscured by hedges or foliage. It is good practice to only shoot across footpaths where you can see approaching users from a long way off and be certain you will not cause danger or alarm.

Please note that in the case of air weapons it is a criminal offence to fire an air pellet outside the boundary of your permitted premises. If you shoot from a path situated on somebody else’s land (regardless of who owns the rights to shoot on the land you are shooting into) it is taken to be armed trespass which is a criminal offence.

If a member of public is using a public right of way that crosses or is in the vicinity of your shoot or drive, the member of public has the right to pass and re-pass along the right of way without hindrance. Therefore, any shooting should be refrained from until they are at a distance where your activity should not cause any concern. This is particularly important if a bridleway is in use as a horse rider could be endangered by a startled horse.

If a member of public approaches a path/bridleway a method for ceasing to shoot should be in place. One example of a proven method is: A member of the shoot should be positioned at either end of the route (where appropriate) and shooting area to keep a watch for users of the right of way.

When a person is seen approaching on the right of way the following action should then be taken. The ‘watcher’ should sound a horn, whistle etc to stop the drive, this person should request that the rider or person(s) on foot wait. All guns should then unload, and have their guns broken in the safest position pointing to the ground, then the person is able to continue to use the right of way.

Persons using a right of way are prohibited from loitering or using it for purposes other than a reasonable use. If a person strays from a path, then only ‘civil trespass’ would apply (see below). However, if a person commits ‘aggravated trespass’ (see page four), ie. to disrupt your course of business or lawful activity, the police may be called.

In difficult circumstances it is sensible to call the police before the potential “activist” calls the police with a malicious allegation against you. Additionally, if a person uses a footpath to disrupt lawful activities they are also viewed as trespassers.

In the case of Harrison Vs The Duke of Rutland (1893). Harrison had used a footpath to disrupt the Duke’s grouse shoot by waving a handkerchief and opening and closing his umbrella. It was held that even though Harrison had remained on the footpath he was still a trespasser because of his actions in attempting to disrupt the shoot.

It is also an offence to discharge a firearm in any street so as to obstruct, annoy or endanger residents or passers-by. The word “Street” is defined to include any road, alley, court, square, thoroughfare or public passage. [Section 28 of the Town Police Clauses Act 1847]. NB: It is not clear whether this definition extends to footpaths or bridleways within towns as no court has been asked to clarify this point.