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Do I need to cover up in public?

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  • 30-08-2012 3:52pm
    #1
    Registered Users Posts: 105 ✭✭


    Looked on garda.ie until my head hurt and still didn’t find the answer to a couple of queries. Will the experienced enlighten me please. A peculiarity of one permission is that at one end is a public road and in the middle is a strip of land 80yds wide that I don’t have permission on (nor ever likely to get it) . A bit like a letter “U” on it’s side with the road touching the end of the legs ( the legs being 400/500yds wide.) At the round end of the “U” is a large area of my permission.
    When I walk the shoot and get to the end of a leg I have an 80 yd walk on the road to get to the other leg to continue my walk round. Do I have to have my rifle in a slip cover? It will obviously be unloaded. Secondly can I legally shoot from one leg to the other over the non permission strip of land in the middle? It would be over it and not into it.


Comments

  • Registered Users Posts: 40,038 ✭✭✭✭Sparks


    EP90 wrote: »
    Do I have to have my rifle in a slip cover? It will obviously be unloaded.
    If you've no permissions for that land... how are you walking on it at all without trespassing?

    More generally, it's an "it depends on the Garda" type of thing. For an 80 yard walk, I would have thought that most Gardai would see you with the rifle on a sling over the shoulder and been okay with it; but that's no legal guarantee...
    Secondly can I legally shoot from one leg to the other over the non permission strip of land in the middle? It would be over it and not into it.
    No, not a hope.


  • Closed Accounts Posts: 280 ✭✭Mike87


    There was a case last year in the Digest. Someone got into a spot of hot water from walking in public with an uncovered gun.

    Think it comes under public peace of mind. In other words, the gardai probably wont say anything themselves if they drive past and see you- but if some old lady (or anti-hunter perhaps) gets a fright and calls the gardai then yes, you will in be trouble.


  • Registered Users Posts: 2,117 ✭✭✭tommyboy26


    i have been seen on more than one occassion by gardi walking across a public road with rifle over my shoulder to get from one field to another. they just looked and kept going.
    i suppose if your dressed in hunting clothes and carrying a rifle most people just assume your out hunting and say nothing. not exactly sure if its legal.


  • Registered Users Posts: 6,576 ✭✭✭garv123


    When I go shooting I walk out of my house with the gun over my shoulder and walk off up the road half way through the village and into the field about 400m away. I walk all the way around the permission shooting then and come out on a different road and walk 1.5k home. Done this with the rifle and the shotgun which can't be broken and never had a bit of bother. Guards passed once saluted and kept going.
    We've walked main 100km/h roads with 2 rifles before for about 500m and no one said anything. we left the deer in the field though to collect it on the way back :D

    I remember when I lived in town lads used walk out of town with the guns thrown over their shoulder to go shooting. Other lads did in on bikes and none of them ever had an issue.


  • Registered Users Posts: 13,034 ✭✭✭✭It wasn't me!


    If I'm local enough to walk there, I usually just put the gun in the slip and carry that on my shoulder, but with bolt and loaded magazine in my pocket ready to go. I know some of the neighbours would know I shoot (One took delivery of a package of Kruger targets for me - anyone who has seen such a package will know Kruger do not do subtlety as to the contents!) but others wouldn't, and sadly I would expect others to get a stick up them if I wandered past with just a rifle, but if I were just crossing a road or the like, then I'd just take the mag out and unload the gun while I did so. Nice to be in a place to just walk straight out and go though!


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  • Registered Users Posts: 105 ✭✭EP90


    Sparks wrote: »
    If you've no permissions for that land... how are you walking on it at all without trespassing?

    More generally, it's an "it depends on the Garda" type of thing. For an 80 yard walk, I would have thought that most Gardai would see you with the rifle on a sling over the shoulder and been okay with it; but that's no legal guarantee...


    No, not a hope.

    I'm not walking on the 'non permission' land in the middle of my permission, to get from one leg of my permission to the next leg I need to walk on the road (hence not on the 'non permission'). At the moment I 'cover up' for the 80 yds road walk, it's just a pain to carry a cover just for the 80 yds, hide it, then pick it up again and just as much a pain to carry it for the total walk round. Thanks for the clarifications. I'll just continue to play it safe.


  • Registered Users Posts: 6,576 ✭✭✭garv123


    It would be a pain in the arse and not a hope I'd do it unless some law decides to change but at the moment there's nothing making it illegal for you to walk with the gun unloaded up the road.


  • Registered Users Posts: 40,038 ✭✭✭✭Sparks


    garv123 wrote: »
    It would be a pain in the arse and not a hope I'd do it unless some law decides to change but at the moment there's nothing making it illegal for you to walk with the gun unloaded up the road.

    True....
    ...but I wouldn't get too bolshie about it, because the Garda just has to get annoyed and you're done under the 1990 Act and have to prove in court that you had "good reason"; and even if the case is dropped on the steps, you're out quite a bit of cash, not to mention the hassle, the time off work (and whatever work thinks about you needing time off to go to court), and the general stress.

    But as posters have said - and it's been my experience as well - most Gardai are fairly pragmatic about this kind of thing, so long as nobody's taking the mick.


  • Closed Accounts Posts: 280 ✭✭Mike87


    garv123 wrote: »
    It would be a pain in the arse and not a hope I'd do it unless some law decides to change but at the moment there's nothing making it illegal for you to walk with the gun unloaded up the road.

    Even if there is no specific law regarding carrying it covered in public, there are other laws which it could fall under. Like I already said there was a case of this last year that ended up with rifles been seized.


  • Registered Users Posts: 4,772 ✭✭✭meathstevie


    I wouldn't put the gun in a slip to cover a distance of 80 yards on a public road. Carry a shotgun broken or with the bolt racked back and pointing to the ground, a rifle in the same manner. It should be crystal clear to anyone with a bit of common sense that you're not about to embark on a spree of madness.

    Carrying your gun in a way so it's clear to anyone to see that's it's incapable to fire when in a public place will go a long way with the vast majority of Gardai as well. As for the good reason bit to have it in your possession in a public place walking a distance shorter than a standard football pitch between permissions should be fine.

    Also, probably just as important, if you're wearing any camo gear covering head and face remove it. Clearly showing your face and not giving anyone the impression you may be concealing your identity when carrying a firearm will go a long long way towards pulling the rug from under any charges that could be brought in a worst case scenario.


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  • Closed Accounts Posts: 2,616 ✭✭✭FISMA


    EP90,
    If you have to ask, then you're probably in a grey area - err on the side of caution.

    Just try and be discrete.

    If I were you, I would: remove all ammo, remove the bolt, and sling the firearm over my back - as "out of view" as possible.

    In all fairness to the Gardai, you cannot cover everything by writing a law, especially not common sense.


  • Closed Accounts Posts: 490 ✭✭wexfordman


    Mike87 wrote: »
    Even if there is no specific law regarding carrying it covered in public, there are other laws which it could fall under. Like I already said there was a case of this last year that ended up with rifles been seized.


    Could you give a bit more info on the case ?


  • Registered Users Posts: 3,070 ✭✭✭cavan shooter


    wexfordman wrote: »
    Could you give a bit more info on the case ?

    If you look at it this way, you are in possession of a firerarm and having that possession means you are not supposed to be a threat to the public (possibly the wrong word to use) anyway, going down a road with a gun open or empty to move into your next field shouldnt be an issue when you are in the country or even dare I add on say the outskirts of a rural village or small town. Now walking down the middle of Thurles with a gun crooked over your shoulders might be viewed differently. Why do you have it there? what is your good reason? etc.

    At least on a country road moving between fields you have good reason etc, just make sure it is unloaded and safe etc..... however there is always one, be it a guard or person ignorant of our "Rural pursuits" and if they see you on the road with a gun you maybe a terriorist. It has happened to me on two occassions and both ended fine.

    One time a squad car stopped and asked me if I got anything? and we chatted till the next gate nearly lost a pheasant to him;)

    the second time I was told "I shouldn't be "shooting" on the road at to break that gun " I quickly rebuted that accusation and told him where I was going and how a repeater can't be broken etc.....found out later through another Garda that someone rang the station complained that a fella with a gun was hunting the road........:mad:

    So here is the best course of action IMO...

    Put the lead on the dog, empty the gun, break it or slide the bolt back and walk to your new field you want to accesst. If a car approaches a big friendly wave and even a chat, don't reload the gun untill your well in off the road....enjoy yourself, but have some common sense


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