The night shooting of foxes and ground game is necessary in order to ensure that damage to game, wildlife, livestock and growing crops is kept at acceptable levels.

Night shooting is a safe and effective method of control. It is the responsibility of all those involved in pest and predator control to ensure that control is carried out properly.

BEFORE NIGHT SHOOTING COMMENCES REMEMBER...

• Landowners and tenants must be informed and give approval before lamping
  commences.  
• Use only the appropriate firearms and ammunition in accordance with the conditions of your Firearms Certificate.
• Familiarise yourself with all legal requirements.
• Always carry your firearm or shotgun certificate together with your written permission.
• As a matter of courtesy, inform the local police who you are and where you will be shooting, together with your approximate starting and finishing time. Extend this courtesy to local residents.
• During daylight hours familiarise yourself with the terrain you are to shoot over. You must ensure that you have established safe directions for firing and backstops.
• Always carry a mobile phone.

BEFORE A SHOT IS TAKEN REMEMBER...

• You must clearly identify the body of the animal. Never shoot at 'a pair of eyes'.
• Always ensure a safe background and clear field of fire. Never shoot towards the crest of a hill or rising ground.
• Rifle bullets and shotgun pellets can ricochet off bushes, fence wire and other obstacles on their way to the target. A telescopic sight may not always reveal these. Always check by eye that your line of fire is free from obstacles.
• Remember, light from a spot lamp can be reflected from a number of sources such as vehicle reflectors, glass bottles or binoculars. Binoculars in particular reflecting red filtered light may appear as 'a pair of eyes'.
• Pay particular attention when shooting close to field boundaries especially those adjoining roads, tracks, bridleways and public rights of way.
• Never split a shooting party into groups. Only one shooting party must be out on the ground at any one time. Remember the possibility that other people – whether authorised or not – may be present in the area.
• IF IN DOUBT, DO NOT SHOOT!

SHOOTING FROM A VEHICLE

• Shooting from a vehicle is potentially dangerous. A safety procedure must be explicitly agreed with the driver and passengers before shooting commences. Ensure your procedure eliminates the possibility of people entering the field of fire unexpectedly.
• Lamping usually involves three people; a driver, someone to shoot and a third to operate the lamp, the ‘lamp man’. Anyone not engaged in a dedicated task must be either inside the vehicle or positioned behind the person shooting and the lamp man.
• Two people must not be shooting at the same time. If two people are planning to shoot then only one firearm should be used at any one time and the other kept unloaded in a gun slip or case.
• Ensure the driver knows the terrain and avoids sharp braking, sudden turning and keeps constant vigilance for potential hazards e.g. ruts, pot holes and farm implements.
• When shooting from the back of a vehicle a firm, stable and safe position is required before taking a shot.
• A sand bag, roll of Hessian or a bi-pod fitted to a rifle will provide a safe and stable platform for taking a shot.
• If shooting from an adapted seat or cradle this must be firmly bolted to the body of the vehicle.
• Never shoot from a moving vehicle.
• Wounded quarry must be followed up, collected and despatched quickly and humanely.
• IF IN DOUBT, DO NOT SHOOT!

When shooting from a vehicle the following personal equipment is strongly recommended:

• Warm, comfortable clothing and stout footwear to ensure a good grip and traction when taking up a firing position.
• Ear defenders and eye protection e.g. safety glasses or goggles.
• A first aid kit should be carried in the vehicle.

FIREARMS

It is essential when carrying out night shooting that the appropriate firearms and ammunition are used. The correct judging of range at night is essential in order to maximise the use of firearms and ammunition.

Rifle

Many game managers traditionally prefer to use a centre fire rifle for fox control. The .22-250 is widely regarded as the ideal cartridge. The use of other small calibre centre fire cartridges for fox control e.g. .22 Hornet, .222Rem,  .223 or .243Win offer an effective alternative to this.

Strong consideration should be given to the use of sound moderators for both rimfire and centrefire rifles particularly in areas close to human habitation or livestock.

Shotgun

Shotguns with large magazine capacities (more than 2 cartridges) offer the user a significant advantage when dealing with large numbers of pests.

For ranges up to 30 metres a 12 bore shotgun with a load of not less than 36 grams of large shot such as No 1 or No 3 is recommended as an effective alternative to a centre fire rifle for fox control.

Shotguns with appropriate loads (5 or 6 shot) are suitable for small ground game.

Air Rifles

Air rifles should never be used for shooting at foxes.

Air rifles can be used for the night shooting of rabbits but only at short range.

FIREARMS IN PUBLIC PLACES

The Firearms Act 1968 Section 19 states 'a person commits an offence if, without reasonable excuse (the proof whereof lies with him) he has with him in a public place a loaded shotgun, an air weapon (whether loaded or not) or any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm. The Act defines 'public place' to include any highway and any other premises or place to which at the time in question the public have access. It includes public footpaths and bridleways.

The Highways Act 1980 Section 161 in England and Wales, makes it an offence without lawful authority or excuse to discharge any firearm within 50 feet of the centre of the highway and in consequence of which the user of the highway is injured, interrupted or endangered. This does not apply to footpaths and bridleways.

Complaints often arise from shooting taking place from the highway. To avoid liability ensure that all shooting takes place from vehicles actually on adjacent land where permission is granted.

LEGAL REQUIREMENTS

Foxes

There are no specific legal restrictions on the night shooting of foxes. Authorised persons may legally carry out this form of fox control. Ensure you comply with previous guidance in this code.

Restrictions on the taking and killing of rabbits and hares
The night shooting of rabbits and hares by tenants or occupiers of land, who are not the owners of the land, are subject to the following restrictions (the restrictions do not apply to landowners).

Landowners need to be aware of the legal restrictions of shooting hares at night:

The Wildlife and Countryside Act 1981 amended Section 6 of the Ground Game Act and Section 50 of The Agricultural (Scotland) Act 1948, to allow night shooting of ground game under certain conditions.

England and Wales: it is lawful for the occupier of any land himself, or one other person authorised by him, to use firearms for the purpose of killing ground game at night if the occupier has the written authority of a person entitled to kill or take the ground game on their land e.g. holder of shooting rights. The following conditions apply:

1. No person should be authorised by the occupier to kill ground game except:
a) members of his household resident on the land in his occupation
b) persons in his ordinary service on such land e.g. employees
c) any other person, bona fide employed by him for reward in taking and destruction of ground game

2. Every person so authorised by the occupier, on demand by any  other person having a concurrent right or any person so authorised by him in writing, must produce their written authority. In default, a person would not be deemed to be an ‘authorised person’.

Under the Game Act 1831 Section 30 non-compliance with any of the above restrictions may make the person taking ground game a trespasser within the scope of poaching legislation e.g. trespass in pursuit of game. A defence that the person had permission from the occupier would not apply.

Scotland: the following criteria apply:

• It shall not be unlawful for the owner of the shooting rights on any land or any person holding those rights from him, or the occupier of any land to use a firearm for the purpose of killing ground game thereon at night
• The occupier of any land shall not use a firearm to kill ground game at night (except where he has exclusive right) unless he has obtained the written authority of the other person or one of the other persons entitled to kill ground game
• An occupier who is entitled to use a firearm for the purpose of killing ground game, may be subject to the provision of Section 1 of the Ground Game Act 1880, which authorises one other person so to use a firearm. 'Common Law' permits a landowner to take and kill game on his land, and, subject to reservation, an agricultural tenant, as occupier, to kill ground game for crop protection.

The Wildlife and Countryside Act defines 'ground game' as hares and rabbits.

'Night' is defined as one hour after sunset to one hour before sunrise.

CLOSE SEASON

Rabbits and hares

There is no close season for rabbits or prohibited time of taking with the exception of the provisions of the Ground Game Act 1880 and 1906, relating to the taking of rabbits on moorland and on unenclosed land.

There is no close season for hares, but they are included in the definition of game and are therefore protected on Sundays and Christmas Day.

The Hares Preservation Act 1892, Sections II and III makes it an offence to: sell or expose for sale any hare or leveret between the months of March and July inclusive, but does not apply to imported foreign hares. This Act is applicable to England, Wales and Scotland.

Taking hares at night

Under the Hares Act 1848, and Hares (Scotland) Act 1848 it is an offence for 'anyone to use any firearm or gun of any description at night for the purpose of killing game'. This is an additional offence to night poaching where game is being shot during the night which begins one hour after sunset to one hour before sunrise. The Ground Game Act (as amended) and The Agricultural (Scotland) Act 1948, appear to override the prohibition on night shooting of hares by occupiers or persons authorised under the Acts.

Under the Wildlife and Countryside Act 1981 it is now illegal to shoot Mountain Hares (Lepus timidus) at night with the aid of a lamp or image intensifier, or at any time using any semi-automatic weapon with a magazine capable of holding two or more rounds of ammunition. However, licences can be granted to allow night shooting under certain circumstances.

Moorland and unenclosed land
In England and Wales, under the Ground Game (Amendment) Act 1906 occupiers or authorised persons may only take and kill ground game on moorland or unenclosed land between 1 September and 31 March inclusive. In addition firearms must not be used for such purposes between 1 September and 10 December. This prohibition can be waived, provided all persons having a statutory right to take and kill game enter into an agreement for their joint benefit, to kill ground game by the use of firearms between 1 September and 10 December.

In Scotland, the occupier of land or persons authorised by him may kill ground game on moorlands and unenclosed lands (not being arable), in the occupier's occupation by all legal means other than by shooting over the whole year and by the use of firearms over the period from 1 July to 31 March.

THE BASC IDEAL IS...

That all who shoot in Britain conduct themselves according to the law and to the highest standards of safety, sportsmanship and courtesy, with full respect for their quarry and a practical interest in wildlife conservation and in the countryside.

Never guess at what the Law allows. If in doubt, contact BASC or your local police firearms licensing department.

A BASC publication revised October 2004

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