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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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We have a neighbour who is using an air rifle in his garden,

Resolved Question:

We have a neighbour who is using an air rifle in his garden, shooting birds etc., is there any way we can stop this due to the fact that he has no real control over were the pellet may go if he misses his target. There is a public right of way directly at the back of the property, this includes vehicle access, and a main road at the front of the property.
Basically what is the Law associated with this activity and is he breaking it.
We obviously do not feel safe in our own back garden, we also have animals at risk too.
Many thanks
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What action have the police taken please?
Customer: replied 2 years ago.

Hi Jo,

A mixed response, first a firearms officer visited him and basically told him he was able to shoot certain birds because they are classed as vermin, after further incidents the wild life officer was contacted and he stated he was not allowed to shoot anything in his garden, allegidly he has disposed of the air rifle but was not requested to show proof of disposal.

Thanks

Ken.

Expert:  Jo C. replied 2 years ago.
Thanks.
I am not sure I can give you good news. There are lots of offences but they are not being committed here.
He should not fire an air weapon within 50 ft of the highway but I imagine he is not.
He should not be using it upon any protected animal which is the point that the officer was making.
There are also offences in threatening others with an air weapon whether loaded or not but you do not describe that here.
If he does strike your animals then there are offences under the Animal Welfare Act 2006 that may apply. Similarly if he strikes any person then the Offences Against the Person Act 1861 may well provide a remedy but they do not deal with the risk.
I'm very sorry but thats why the officer did not act.
Can I clarify anything for you?
Jo
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