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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Farmer fired shots over my head, what if anything can I do?

372 replies

unexpectedplaces · 16/05/2015 23:21

Can I ask if anyone knows if this is illegal or not in relation to a right of way across a farmers' land?

To explain what happened and give context. I was walking my dog through a field full of sheep and lambs, dog was at my heel the whole time (no issue whatsoever with the livestock) and we were then away from the sheep and heading for a kissing gate which is where the right of way footpath leads. It crosses a small field and ends up in a village, you can also veer to the left of the kissing gate and continue through the same field ending up at the same point near the village.

I elected to take the left hand path which is about 2 feet away from the official path but divided by a hedge because the small field with the footpath was full of sheep and lambs resting by the gate - I didn't want to disturb them.

I was walking into the sunlight so couldn't see properly but could just about make out a figure a short distance away, a shot was fired into the air followed by 3 more as I walked the length of the hedge. I was really quite worried and hurried through the gate at the end whereupon the shots stopped.

I believe that the gun was either a rifle or a shotgun as the report was pretty loud.

I appreciate that I was off the official footpath strictly speaking but was doing so for purely altruistic reasons (of course he didn't know that).

Should I take this further or was the farmer within his rights? I wish he had just approached me and I could have explained what I was doing and why. The whole incident was pretty unnerving if I'm honest.

Have spoken to a couple of locals who say that the farmer is well known for getting irate about people walking off the right of way.

Any advice please gratefully received

OP posts:
TheChandler · 18/05/2015 11:38

And yes, OP, I would make a complaint to the police. Just to make a record of it, in case he is doing it regularly and in case he pushes the boundaries a little further one day and actually shoots someone. They might be prepared to have a little talk with him.

As far as I see it, he didn't shoot at a dog worrying sheep, which would be acceptable, but because someone was walking with a dog on his land.

IKnowIAmButWhatAreYou · 18/05/2015 15:10

Op isn't hoping to get the cps to prosecute, just wondering what can be done if a farmer allegedly fired off warning shots and is allegedly known to be a short fused nutter

Police - "did you fire at this lady"
Farmer - "Yes officer, she was on my land"
Police - "You're nicked"
Nee Naa, Nee Naa

or

Police - "did you fire at this lady"
Farmer - "No, I was shooting pigeons in the east field"
Police - "Thank you, sorry to bother you"
"silly cow"

I know what I think will be most likely (and I haven't included option 3, which involved digestives, a piece of paper and a bin)....

nickersinaknot · 18/05/2015 15:24

This reply has been deleted

Message withdrawn at poster's request.

IKnowIAmButWhatAreYou · 18/05/2015 15:54

Generally though, if they are told the same thing is happening on more than one occasion they may put down the digestives and actually tell the alleged short fused nutter they are withdrawing his gun licence

Or after a while they'll twig that members of the public who walk through Field X can hear the farmer shooting in Field Y. After a while they'll just tell people to "stop worrying, it's nothing".

And turn to Jaffa Cakes for comfort

unexpectedplaces · 18/05/2015 17:00

I'll have you know that I have chocolate eclairs to get me through this current ordeal of mumsnet being used as target practice by a dotty old git of a farmer.

OP posts:
nickersinaknot · 18/05/2015 17:28

This reply has been deleted

Message withdrawn at poster's request.

AuntieDee · 18/05/2015 17:46

The law actually changed last year in accordance with the DDA review and the dog must be on a lead of no more than 2m in a designated pedestrianised zone or when livestock is present.

Here is a link to the latest government information

www.nidirect.gov.uk/controlling-your-dog-in-public

Regardless of this, the farmer may not have been shooting warning shot - shooting rabbits/foxes etc on your own land is not illegal as long as you do not shoot across a footpath. By straying from a footpath, you are a) putting yourself and your dog in danger and b) trespassing. If there were sheep around the footpath you could have easily put the dog on a lead and carried on the designated footpath rather than trespassing.

unexpectedplaces · 18/05/2015 18:06

Thanks for that AuntieDee I think it does help when the law is very clear rather than being somewhat subjective.

OP posts:
amarmai · 18/05/2015 18:07

Why do you put private in inverted commas? Everyone who owns land knows it's private property i.e.belonging to them. Why are you entitled to trespass on someone else's property and also entitled to ignore leashing laws? Are there other rules/laws/ societal expectations that you are entitled to ignore?e.g.No dogs allowed? And you present all of this as justifying an unprovable allegation and expect people to side with you?

SonceyD0g · 18/05/2015 18:09

Never leave a footpath especially in an area where you know shooting goes on. I would say that's fairly basic common sense. You could report this to the police but really what do you expect to happen? I trespassed across someone's land and could hear gun shots. Yes madam we will go and arrest the chap straight away!
Unless he has a load of previous
Oh and all farmers get irate about people leaving rights of way. How would you feel if people decided to wander all over your garden/land?

unexpectedplaces · 18/05/2015 18:10

I haven't got the energy to repeat everything I've explained over the last 12 pages I really haven't.

OP posts:
fakenamefornow · 18/05/2015 18:10

Any updates op? I hope the police do investigate this and don't take the view of many posters on this thread that the farmer can shoot a lethal weapon around people as much as he likes. Just out of interest, don't many footpaths predate the farming land they're on iyswim, so walkers were there before sheep? Might be wrong, not that it's even relevant anyway.

Collaborate · 18/05/2015 18:11

The NFU advice (www.nfuonline.com/love-your-countryside-dog-walking-poster/) says to always keep your dog on a lead near livestock.

The National Parks website www.nationalparks.gov.uk/visiting/outdooractivities/walking/responsible_dog_walking gives the following advice (NB - in relation to open access land only, apparently)

When and where you'll need to use a lead:
On open access land you'll need to use a short lead, no more than 2-metres long (there's a different open access code for Scotland, see below):

Between March 1–July 31 when rare moorland birds and other ground-nesting birds lay their eggs on the ground
Near farm animals – all year round. Sheep are particularly sensitive to dogs and many footpaths cross grazing land
If you cannot rely on your dog’s obedience

The Countryside Code www.gov.uk/government/publications/the-countryside-code/the-countryside-code says that
it’s always good practice (and a legal requirement on ‘open access’ land) to keep your dog on a lead around farm animals and horses, for your own safety and for the welfare of the animals. A farmer may shoot a dog which is attacking or chasing farm animals without being liable to compensate the dog’s owner

fakenamefornow · 18/05/2015 18:13

And you present all of this as justifying an unprovable allegation and expect people to side with you?

I side with her Smile

unexpectedplaces · 18/05/2015 18:14

I will let you know fake when and if I hear anything.

Contrary to what half the people on here think I don't want him clapped in irons and wow I would never have guessed that so many people cared about 100 yards of prohibited field!

OP posts:
unexpectedplaces · 18/05/2015 18:16

Aww thank you fake Smile.

I didn't expect people to side with me anyway, I came on asking people for opinions and have taken them all on board.

OP posts:
Abraid2 · 18/05/2015 18:17

On the whole I think I do, too.

unexpectedplaces · 18/05/2015 18:20
Smile
OP posts:
quietbatperson · 18/05/2015 19:04

This reply has been deleted

Message withdrawn at poster's request.

Dognado · 18/05/2015 19:15

By shooting he could potentially have startled the dog into leaving heel and given himself an excuse to shoot it.

nickersinaknot · 18/05/2015 19:16

This reply has been deleted

Message withdrawn at poster's request.

AuntieDee · 18/05/2015 20:10

I'm sure if the farmer was actually shooting to scare he would have given no doubt whatsoever - 'get off my land' springs to mind...

He was probably shooting rabbits/pigeons/foxes - as is perfectly normal.

To be honest the more I think about it the more it sounds like a bird scarer. They tend to bang with a gap between, a few times, then nothing for an hour or so. The other figure seen could have just have easily been another dog walker.

unexpectedplaces · 18/05/2015 20:25

Why would there be a bird scarer in an area full of livestock though and no crops?

I have no doubt that he didn't want me there given the subsequent conversation with the local person who knows him of old. There was no other dog, my dog would have sensed it even if I hadn't noticed.

OP posts:
yetanotherchangename · 18/05/2015 20:37

Some scouts wandered onto my driveway this week. Perhaps I should have fired my gun....

Actually a lady in my village when growing up did used to fire her shotgun at cars that turned in her drive. If that happened nowadays I hope she would be arrested.

Born and bred in the countryside I hate all this crap about farmers always being in the right. Hope you have some joy with the police op.

tomatodizzymum · 18/05/2015 20:54

I agree, my husband is a farmer, we lost a calf recently (very distressing, owner is serving time ) and several chickens due to a rogue stray and yet my husband would never ever fire shots, the most I've seen him do is chase some lads of the farm with our labrador, that would only lick them to death anyway. Just because they can shoot, doesn't mean they want to. The man was clearly on a power trip and unhinged.

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