Borrowing shotguns

New Section 11A subsumes the shotgun exemption at Section 11(5) of the Firearms Act 1968. It allows a non-certificate holder to borrow a shotgun (for live quarry and clay shooting) and use it in the presence of either the occupier of private premises or persons authorised by them in writing. The following criteria must be met:

• The borrower of a shotgun may be of any age.
• The lender must be aged 18 or older and have a certificate in respect of the shotgun.
• The borrower must be in the presence of the lender, ie. in sight and earshot.
• The use of a shotgun must comply with any conditions on the certificate held in respect of that shotgun.
• The purpose of the loan is only for hunting animals, shooting game or vermin or shooting artificial targets.
• The lender must be;

a) a person who has the right to allow others to enter the premises for the purpose of hunting animals or shooting game or vermin; or
b) a person authorised by them in writing.

Notes:

1. Written permission (b) is a new requirement and must be obtained prior to shooting. Verbal permission is no longer permitted.
2. The 15 to 17 age group will no longer be able to lend shotguns to non-certificate holders aged 18 years or older.
3. The exemption only applies to Section 2 shotguns.
4. Shotguns may be acquired by the lender from other certificate holders under the 72-hour rule and lent as if it were their own (subject to the permission of the owner).
5. Section 57(4) of the 1968 Act defines “premises” as including any land. The foreshore is land, however it is predominately Crown or Duchy owned but some for example, is owned or leased by private individuals, local authorities or other groups. The Section 11(5) exemption may only be utilised on foreshore in England and Wales where the lender is an owner/occupier/lease holder who maintains the shooting rights. In the case of a Crown lease, the lease must allow the use of shotguns and will usually only permit the activity of wildfowling. In England and Wales the foreshore is that part of the seashore which is more often than not covered by the flux and reflux of the four ordinary tides occurring midway between springs and neaps.

In Scotland there is a general right to recreation on the foreshore (except on Orkney and Shetland).

This includes the shooting wildfowl using a shotgun only and where the right has not been taken away by statute, e.g. nature reserves. BASC believes (in accordance with Home Office guidance chapter 6.14) where ‘any right’ to shoot exists then there is a right to lend a shotgun under Section 11(5). In Scotland the foreshore is the area of land between the high and low water marks of ordinary spring tides.

See also: “Young People and Shotguns” fact sheet