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armed trespass

  • 16-11-2010 10:12pm
    #1
    Registered Users, Registered Users 2 Posts: 510 ✭✭✭


    Not being cheeky or anything but on here all of you are very law biding by the sounds of it or maybe you just like to say you are. So i was just wondering why you always are on about getting done for armed trespass if going onto land which you do not have permission. To be honest i think some of you are self declared know it alls. for instance you do not need t go and seek evey land owners permission to go through his land and you will almost certainly be done for armed trespass. and to back this up you should readthe Occupiers Liability Act 1995 (and reforms) it provides three types of persons crossin lands 1.visitors (enters at invitation or with permission) 2. Rereational user (a person who enters with or with out permissin to engage in recreational activity eg. fishing hunting) 3. Trespassers any persons who do not fit into te first two groups.

    so can you all tell me where you are getting ARMED TRESSPASS out of all the time and everyone seems to think you will automatically be found guilty of it and loose your firearms, that is highly unlikly, unless you are asked to go and refuse and are threating with a firearm etc...


Comments

  • Closed Accounts Posts: 600 ✭✭✭greenpeter


    HomerSimpson50.gif


  • Registered Users, Registered Users 2 Posts: 1,149 ✭✭✭bazza888


    same here!


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    ferrete wrote: »
    for instance you do not need t go and seek evey land owners permission to go through his land and you will almost certainly be done for armed trespass. .

    Do you mind if I stroll across your lawn and back yard with a gun? I'm on my way to go shooting, honest.
    ferrete wrote: »
    and to back this up you should readthe Occupiers Liability Act 1995 .

    That law was the greatest load of nonsense

    Compo culture may have died down in Ireland but it'll far from dead

    http://www.farmersjournal.ie/2003/0315/ruralliving/countrylifestyle/feature.htm
    In the first High Court challenge to the Occupier's Liability Act, 1995 a Donegal landowner has to pay over €84,000 to a woman who was injured after falling down a cliff. Mairead Lavery has the details and gets reaction from landowners who fear the decision could leave them open to similar claims.

    Was she blind that she walked off a cliff? :rolleyes:
    Most landowners fear the threat of a compensation claim should anyone be injured on their land.

    Farmers and landowners can get public liability insurance and it's quite affordable. The likes of FBD are good for it.

    People are terrified of getting hit with a claim. If your insurance is not in order a claim like that of €84,000 could ruin you.
    And it's common courtesy to ask permission before you go onto someones land

    It's people like you OP with a sense of entitlement that ruin it for everyone else when the landowner revokes it.
    In the end, if a responsible shooter asks permission, shows respect and has common sense there are no issues.
    Pays to be nice OP:) You will get more access from a farmer and landowner with some respect then demanding "entitlements"


  • Closed Accounts Posts: 600 ✭✭✭greenpeter


    Any man or women who Carry's a firearm should respect farmers or land owners wishes,
    and should know where they can or cant hunt
    otherwise they should be locked up.

    The days of going where you feel like are long gone.


  • Registered Users, Registered Users 2 Posts: 1,956 ✭✭✭homerhop


    I dont know about the armed treesspass bit, but if you go onto land hunting that you dont have permission to hunt on, it is an offense under the wildlife act.

    28.—(1) A person shall not with firearms hunt or kill on any land an exempted wild mammal or a protected wild bird of a species specified in an order under section 24 of this Act which is for the time being in force unless—


    ( a ) the exempted wild mammal or the protected wild bird is hunted or killed pursuant to and in accordance with a licence granted under this Act, or deemed to have been granted under section 29 of this Act, and


    ( b ) the person is in relation to the land a qualified person for the purposes of this section.


    (2) A person shall in relation to land be qualified for the purposes of this section if he is at least sixteen years of age and—


    ( a ) is entitled to sporting rights over the land, or


    ( b ) is the guest, invitee, servant or agent, or possesses the written authority of a person who is entitled to sporting rights over the land, or


    ( c ) is a member of a body of persons which is entitled to sporting rights over the land or which has such authority, or


    ( d ) is a person who is of a class or description which the Minister by regulations declares to be a qualified class or description for the purposes of this section.


    (3) A person who contravenes subsection (1) of this section shall be guilty of an offence.


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  • Registered Users, Registered Users 2 Posts: 1,603 ✭✭✭dCorbus


    The Occupiers Liability Act 1995 does not give you the "right to roam" or to trespass on another persons property. What it sets down are the responsibilities and duties of the Occupier to a visitor or recreational user of the lands.

    So, don't be wandering around other peoples property as if you had some god-given right to be there - you don't.

    Furthermore, it is an offence to hunt on lands you do not have permission to hunt on.

    And please don't be paraphrasing legislation and highlighting your own added-in bits to suit your argument. The Occupier Liability Act 1995 does not mention hunting or fishing directly - I believe you have added this in yourself?

    And apart from the legalities etc., it's just damned bad manners and ignorance to go wandering around other peoples property without their permission.:rolleyes:


  • Closed Accounts Posts: 1,181 ✭✭✭landkeeper


    ferrete afaik if you go marching across a farmers land with your gun where you do not have permission to use your gun ,then you are in breach of your fac plain and simple if that landowner wishes tomake an issue of it then your fac is gone you certainly do need permission to walk through land with a firearm
    and your reading of the occupiers act is total horse dung by your premiss i can go and walk up your garden path with a loaded shotgun and face no penalties ,or you can walk across my farm with a loaded shotgun through horses sheep cattle etc where you have no permission and face no consequences yeah right


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


    Not sure which to use
    Insanely idiotic
    or

    Epic Fail
    I choose both!:)


  • Registered Users, Registered Users 2 Posts: 674 ✭✭✭madmac187


    ferrete wrote: »
    Not being cheeky or anything but on here all of you are very law biding by the sounds of it or maybe you just like to say you are. So i was just wondering why you always are on about getting done for armed trespass if going onto land which you do not have permission. To be honest i think some of you are self declared know it alls. for instance you do not need t go and seek evey land owners permission to go through his land and you will almost certainly be done for armed trespass. and to back this up you should readthe Occupiers Liability Act 1995 (and reforms) it provides three types of persons crossin lands 1.visitors (enters at invitation or with permission) 2. Rereational user (a person who enters with or with out permissin to engage in recreational activity eg. fishing hunting) 3. Trespassers any persons who do not fit into te first two groups.

    so can you all tell me where you are getting ARMED TRESSPASS out of all the time and everyone seems to think you will automatically be found guilty of it and loose your firearms, that is highly unlikly, unless you are asked to go and refuse and are threating with a firearm etc...


    The problem with this is that if you do not fall into these categories you are a tresspasser. If crossing property without permission of landowner, while armed, it could be said that you intend to cause damage ergo, you are a tresspasser and have no legal rights to be on the property. In essence it can be deemed that if you intent to discharge a weapon on site, that you intend to cause harm and thus are a tresspasser. From dealing with litigation claims in other areas, in my experience this is a distinct possibility. It all comes down to interpretation of the law. Yours may not be the same as the local sargent or landowner.

    In other words have a bit of respect, it doesn't cost to ask.


  • Closed Accounts Posts: 5,108 ✭✭✭pedroeibar1


    The original post is nonsense and is hob-law of the worst kind. It also shows the in-your-face attitude of many wrongdoers in Ireland today.

    Firstly, the Occupiers Liability Act 1995 deals with the liability of the occupier of premises to people entering onto those premises. It does not give any rights to people to enter on their own or in company, with dogs, ferrets or firearms. It deals with the duties owed to them while on the premises either legally or as trespassers.

    The Donegal the High Court case quoted above was appealed to the Supreme Court and was fully overturned in a strongly-worded decision on the basis of ‘s#it happens.’

    There is a powerful lobby in Ireland pushing for the ‘right to roam’ following the CROW Act in the UK. In Ireland walking tour operators and hungry hoteliers / B&B owners have a vested interest in this and have the most to gain because foreign walkers want to stay off roads, which also is a frequent condition of the liability insurance policy.

    The real issue lies with local politicians – one farmer who wants to keep people off his land has one vote, the staff of a hotel / supporters of a hill walking group who want access have many votes. Guess who the local politician will support. Claim it is a ‘right of way’ and the group can get support from the CoCo, the occupier has to fund any legal case himself.

    The fight against right to roam is pertinent to all shooters, not just farmers– too many of us have had our shooting disrupted or our grounds interfered with by trespassers.
    P.


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  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    Nobody has any right to come onto my land without permission save the agents of the state, and then only with good reason. Anyone who does enter onto it uninvited with firearms is going to find me unreceptive to any pleas that it's harmless and will be promptly thrown out. Should they persist or resist, I'll be bringing the full weight of the law to bear on them. If they want to complain, fine, but they've stupid laws which oblige the landowners to protect even illegal intruders to thank for it. The days it was okay to take a quick ramble from place to place across anyone's land are long gone, and it's a ridiculous, litigious society that killed them.


  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0001.html

    I can understand farmers unrest, the Islands on teh Midlands lakes are treated as a natural ameinity, however there are much so private famland.

    Nobody has teh right to roam onto anybodies land without permission.
    I was told the other day byu a neighbor that I need not tell him anytime I go out on his land, I told him I was just letting him know for health and safety reasons.

    What I did not say was, he is 76, so I call in as part of the course of protecting my interest in shooting by looking after the landowners that their lands I use in the pursuit of my sport.

    If I see a strand of barbed wire damaged I feel obligated to inform the landowner & or fix it if I can on the spot.

    I find this to be the simplest way to get shooting.
    If I had more free time I would have any amount of shooting in my locality alone.

    However, my neighbours detest TRESPASS as we have an encampment near us, where on several occasions my neighbours found people on their land, that would NEVER be given permission to be there.

    We had a man walk his dogs on our land when we had hay on the ground, To "clean" out the dogs.
    Not very nice when you are lifting in bales of hay to step in dog poo.
    Had the man asked was there somewhere he could have used to walk the dogs he would have been told the other side of the farm.
    Instead he was told he was not welcome on the land by the brother.

    My point is, it's all about going about things the right way, and don't go off half cocked :D:D :D


  • Registered Users, Registered Users 2 Posts: 3,070 ✭✭✭cavan shooter


    IThe term armed trespass, from my knowledge and I am sure someone will correct me:rolleyes:doesn't exist in Irish law as a defined contravention, except the bits under the wildlife acts as posted again the word isn't used, However it does in the UK and in the States where you can get shot..... Parking the USA for a minute, this is useful fro the BASC and explains a bit on the subject.

    http://www.basc.org.uk/en/utilities/search-website.cfm


    The term used is reasonable excuse, which you have to prove, becareful also because not everything applies to Ireland there is provision for prosecution under the term reckless for example in the Irish Statutes.:D


  • Closed Accounts Posts: 284 ✭✭sonofthegun


    as far as i understand there is no point calling the cops if you find a person tresspassing on your land as it is private property you cant face public prosicution you can however be sued for tresspass by the land owner:confused:


  • Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭jap gt


    as far as i understand there is no point calling the cops if you find a person tresspassing on your land as it is private property you cant face public prosicution you can however be sued for tresspass by the land owner:confused:

    doubt it applies here though, you could imagine a land owner ringing the station and saying there is a man walking around his land with a firearm, i would think the gaurds would be on you fairly quick


  • Moderators, Sports Moderators Posts: 28,726 Mod ✭✭✭✭Cass


    there is no point calling the cops if you find a person tresspassing on your land as it is private property you cant face public prosicution


    It is now an offence for anyone, without the consent of the owner, to enter or occupy land; or to bring any object onto it where such entry or occupation is likely to damage the land substantially; affect any amenity to do with the land; prevent anyone entitled to use the land from making reasonable use of it, or render the use of the land unsanitary or unsafe. Offences are punishable by fines of up to €3,000 and/or one month’s imprisonment.


    Under the old law, trespass was a civil matter and a landowner had to incur considerable legal expense in obtaining an injunction to remove trespassers. Now that trespass is a criminal offence, the onus is no longer on the private landowner to take action to remove trespassers. Under the legislation the Gardai have been given wide-ranging powers.

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  • Registered Users, Registered Users 2 Posts: 1,603 ✭✭✭dCorbus


    It is now an offence for anyone, without the consent of the owner, to enter or occupy land; or to bring any object onto it where such entry or occupation is likely to damage the land substantially; affect any amenity to do with the land; prevent anyone entitled to use the land from making reasonable use of it, or render the use of the land unsanitary or unsafe.

    In the legislation, the word "Object" above also includes, along with all the other stuff, an animal of any kind or description. So, you could also land in hot water just for entering the lands without permission and bringing along your dogs, ferrets, etc. and by so doing affect any amenity to do with the land or render the use of the land unsafe (e.g. Strange big scary dogs running around). So you don't have to bring your gun along to potentially land yourself on the wrong side of the law.

    There's also Section 13.1 of the Criminal Justice (Public Order) Act 1994 which states that:
    It shall be an offence for a person, without reasonable excuse, to trespass on any building or the curtilage thereof in such a manner as causes or is likely to cause fear in another person.

    And this offence is punishable on summary conviction of upto €1000 and /or imprisonment for upto 12 months.

    Now from where I'm sitting: If you turn up uninvited and without permission on someone elses property carrying a gun that would most definitely be something which would be likely to cause fear in another person.

    So, it is an Offence which the Guards have to deal with (not merely a civil matter) once you are trespassing in a manner which is likely to cause fear (i.e. walking around, particular at night, with a firearm).

    (And I can't think of what a reasonable excuse to be wandering around, without permission, on someone elses property, with or without dogs or guns for that matter, might be. I don't think "I was looking for my ball, mister" would cut it :) )


  • Registered Users, Registered Users 2 Posts: 510 ✭✭✭ferrete


    dCorbus wrote: »
    In the legislation, the word "Object" above also includes, along with all the other stuff, an animal of any kind or description. So, you could also land in hot water just for entering the lands without permission and bringing along your dogs, ferrets, etc. and by so doing affect any amenity to do with the land or render the use of the land unsafe (e.g. Strange big scary dogs running around). So you don't have to bring your gun along to potentially land yourself on the wrong side of the law.

    There's also Section 13.1 of the Criminal Justice (Public Order) Act 1994 which states that:



    And this offence is punishable on summary conviction of upto €1000 and /or imprisonment for upto 12 months.

    Now from where I'm sitting: If you turn up uninvited and without permission on someone elses property carrying a gun that would most definitely be something which would be likely to cause fear in another person.

    So, it is an Offence which the Guards have to deal with (not merely a civil matter) once you are trespassing in a manner which is likely to cause fear (i.e. walking around, particular at night, with a firearm).

    (And I can't think of what a reasonable excuse to be wandering around, without permission, on someone elses property, with or without dogs or guns for that matter, might be. I don't think "I was looking for my ball, mister" would cut it :) )


    well now if you live in a rural area it will not be odd to see someone wandering through your fields with a gun, i certainly dont mind it. and as for days gone by in our community no one asks permission but land owners come out from tie t time to instruct problem foxes or other vermin problems. we have tight knit community and everone knows everyone so i suppose its different to you other guys out there


  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    ferrete wrote: »
    well now if you live in a rural area it will not be odd to see someone wandering through your fields with a gun, i certainly dont mind it. and as for days gone by in our community no one asks permission but land owners come out from tie t time to instruct problem foxes or other vermin problems. we have tight knit community and everone knows everyone so i suppose its different to you other guys out there

    Depends on the rural area evidently. Anyone who did it in these parts would be in for a right earful from the farmers, if they didn't have the police called immediately. Frankly, I have feck all time for anyone who doesn't ask permission, as they haven't a clue whose sport they're messing with. What if the landowner has been carefully managing the deer or game birds on his land? Johnny Anybody should be absolutely allowed wander through his lands, bag whatever shows up and head off home? If I were building something and somebody robbed some bricks I needed because they were building a barbecue, I'd be pretty pissed off. The same applies, so any assumptions are completely ignorant.


  • Registered Users, Registered Users 2 Posts: 1,603 ✭✭✭dCorbus


    if you live in a rural area it will not be odd to see someone wandering through your fields with a gun

    I don't live in a rural area - but a very considerable portion of my immediate and extended family do - and just last Saturday night we were out the back of the house and ringing around the family as someone appeared to be lamping away down the fields.....which only two people have permission to do: Me and One Neighbour (and it wasn't either of us, I might add).

    So, it may not be "odd to see someone wandering through your fields", but it still doesn't make it right.
    i certainly dont mind it

    You might not, but other's do - Why can't you respect the fact that you don't have the right or privilege to wander around other peoples property as you see fit?
    we have tight knit community and everone knows everyone

    If that is in fact the case in your locality, why wouldn't you just be a good neighbour and ask one of your fellow members of this tight knit community for permission to cross their land?

    There should be no problem in their granting you this request and it shows that you are a good neighbour and have enough respect for them to at least show them the courtesy of allowing them to either grant you access or not, as they see fit. I can't see why you would not show your neighbours this simple courtesy and manners, to be honest.

    In this way, everyone is happy - you get your access, landowners and neighbours all know who is on their land, and you may even get more permissions out of it by showing that you're a conscientious and mannerly hunter. Just a thought.


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  • Closed Accounts Posts: 1,181 ✭✭✭landkeeper


    you see ferrete you are talking about two ends of the spectrum ;) you and yours know each other and trust enough not to mind what happens on your land, cos you know the people using it will have manners and behave. not leave gates open, frighten stock ,shoot things that they are not supposed to and generally respect where they are, the person who owns the land they are on etc etc i wish we all lived in that nice cosy place i really do ;)
    the world i live in we get gates left open and stock gets on the road and let into the wrong field, shots fired in fields with mares and foals , sheep frightened by unruley dogs , birds i have fed all year shot 50 metres from the farm yard and abuse when and if you approach those who are responsible.
    sunday lunch time a few years ago the whole extended family sitting down to lunch , two lads with springers stroll across the front of the house even taking a shot as they did so :eek: i could go on
    next bunch that act the pup are going to get it by the book we are sick and tired of it and that 's me who shoots , how about someone who dosn't how do you think they will feel and act
    as one of the previous posters wrote it's about respect sadly that is lacking in alot of lads these days


  • Registered Users, Registered Users 2 Posts: 1,956 ✭✭✭homerhop


    jap gt wrote: »
    doubt it applies here though, you could imagine a land owner ringing the station and saying there is a man walking around his land with a firearm, i would think the gaurds would be on you fairly quick
    Farmer at home caught 2 lads shooting on his land last week. He notified the guards as well as the club secretary.
    They were out at their house that evening and if they are reported again they will have their guns removed.


  • Registered Users, Registered Users 2 Posts: 1,004 ✭✭✭tfox


    homerhop wrote: »
    Farmer at home caught 2 lads shooting on his land last week. He notified the guards as well as the club secretary.
    They were out at their house that evening and if they are reported again they will have their guns removed.

    Proper order too :) I'm afraid its the only way to educate some people !!


  • Closed Accounts Posts: 8,590 ✭✭✭Tackleberrywho


    To be fair, It is not beyond possibility to end up on a different farm than you started out on. It happened to me once or twice over teh years. If I met a farmer, I introduced myself, explained I had got lost on X Farmers land, sometimes boundaries are not well defined in boggy areas/poor land etc. Invariably I'd end up with more permission as a glowing reference from the neighbouring farmer opens moire gates than closes them ;)

    It's always handy if you see a farmer herding/moving cattle to offer a hand also.

    It's the little things more than grande gestures.
    Sometimes my shooting crosses 3-4 permissions, there are one or two farmers who don't want shooting, but don't mind you crossing the land, there are others who don't want you doing either, so respect their wishes.

    We let the local hunts cross our land every year, however they ask a week in advance so you can have cattle penned into a small field.

    The cattle do not even raise their heads to a rifle shot. It's dogs most Farmers are against as a giddy springer or lab can cause havoc if let loose on a herd.


  • Registered Users, Registered Users 2 Posts: 403 ✭✭Humans eh!


    jap gt wrote: »
    doubt it applies here though, you could imagine a land owner ringing the station and saying there is a man walking around his land with a firearm, i would think the gaurds would be on you fairly quick

    I live in a very rural area and encounter shooters regularly, last year a guy set up a hide on the hill overlooking my house directly across from my front door about 400 yards uphill, and started shooting directly at my house (I have photos) As my children were playing I went up the hill and asked him could he move away from the hill and stop firing directly at my house at flying pigeons. He told me he had permission to shoot in this field and he wasn't going to move and he doubted that I had permission to even walk up the field to speak to him. I said "ok you want to do it the hard way" he jumped up (gun in hand and squared up to me) "What do you f***ing mean the hard way??" Nervous at this stage I said "I'm going to ring the guards"
    "Go on ring the F***ing Guards all you like I'm a F***ing Guard myself" he said, then holding his gun (not broken) he told me his name and laughed saying "Go on ring them, and see what they'll do, you'll just bring hassle on yourself"
    He proceeded to rain down pellets on my roof for an hour until he left. I found out that he was indeed a guard and lives not two miles from my house. Hows that for community policing.
    The quotations are verbatim as I wrote it down as soon as I got back to the house.
    Vive la revolution,


  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    Humans eh! wrote: »
    I live in a very rural area and encounter shooters regularly, last year a guy set up a hide on the hill overlooking my house directly across from my front door about 400 yards uphill, and started shooting directly at my house (I have photos) As my children were playing I went up the hill and asked him could he move away from the hill and stop firing directly at my house at flying pigeons. He told me he had permission to shoot in this field and he wasn't going to move and he doubted that I had permission to even walk up the field to speak to him. I said "ok you want to do it the hard way" he jumped up (gun in hand and squared up to me) "What do you f***ing mean the hard way??" Nervous at this stage I said "I'm going to ring the guards"
    "Go on ring the F***ing Guards all you like I'm a F***ing Guard myself" he said, then holding his gun (not broken) he told me his name and laughed saying "Go on ring them, and see what they'll do, you'll just bring hassle on yourself"
    He proceeded to rain down pellets on my roof for an hour until he left. I found out that he was indeed a guard and lives not two miles from my house. Hows that for community policing.
    The quotations are verbatim as I wrote it down as soon as I got back to the house.
    Vive la revolution,

    I have words for people like that, but they'd get me a holiday from the forum. I'd be making a detailed and formal written complaint and pressing it, personally. Can't let yourself be intimidated and bullied like that. I'd be expecting a formal reprimand for the guard in question too.


  • Registered Users, Registered Users 2 Posts: 4,319 ✭✭✭Half-cocked


    Humans eh! wrote: »
    I live in a very rural area and encounter shooters regularly, last year a guy set up a hide on the hill overlooking my house directly across from my front door about 400 yards uphill, and started shooting directly at my house (I have photos) As my children were playing I went up the hill and asked him could he move away from the hill and stop firing directly at my house at flying pigeons. He told me he had permission to shoot in this field and he wasn't going to move and he doubted that I had permission to even walk up the field to speak to him. I said "ok you want to do it the hard way" he jumped up (gun in hand and squared up to me) "What do you f***ing mean the hard way??" Nervous at this stage I said "I'm going to ring the guards"
    "Go on ring the F***ing Guards all you like I'm a F***ing Guard myself" he said, then holding his gun (not broken) he told me his name and laughed saying "Go on ring them, and see what they'll do, you'll just bring hassle on yourself"
    He proceeded to rain down pellets on my roof for an hour until he left. I found out that he was indeed a guard and lives not two miles from my house. Hows that for community policing.
    The quotations are verbatim as I wrote it down as soon as I got back to the house.
    Vive la revolution,

    Sounds like a complaint to the Garda Ombudsman might be in order....


  • Registered Users, Registered Users 2 Posts: 403 ✭✭Humans eh!


    Sounds like a complaint to the Garda Ombudsman might be in order....


    My life would be made hell!
    Thats how things work in this part of the country


  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    Humans eh! wrote: »
    My life would be made hell!
    Thats how things work in this part of the country

    I'd still be pressing it, to be honest. I mean, that's just bloody dangerous, and the attitude doesn't exactly mark him out as someone who can be trusted to behave safely with a firearm. Speaking to you, threatening you, all while holding an unbroken shotgun and firing in the direction of your house? I'd be making a big deal of that, frankly.


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  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Humans eh! wrote: »
    I live in a very rural area and encounter shooters regularly, last year a guy set up a hide on the hill overlooking my house directly across from my front door about 400 yards uphill, and started shooting directly at my house (I have photos) As my children were playing I went up the hill and asked him could he move away from the hill and stop firing directly at my house at flying pigeons. He told me he had permission to shoot in this field and he wasn't going to move and he doubted that I had permission to even walk up the field to speak to him. I said "ok you want to do it the hard way" he jumped up (gun in hand and squared up to me) "What do you f***ing mean the hard way??" Nervous at this stage I said "I'm going to ring the guards"
    "Go on ring the F***ing Guards all you like I'm a F***ing Guard myself" he said, then holding his gun (not broken) he told me his name and laughed saying "Go on ring them, and see what they'll do, you'll just bring hassle on yourself"
    He proceeded to rain down pellets on my roof for an hour until he left. I found out that he was indeed a guard and lives not two miles from my house. Hows that for community policing.
    The quotations are verbatim as I wrote it down as soon as I got back to the house.
    Vive la revolution,

    Ignorant bollix, that's all I can say. Being realistic about it all the chances he was going to do any damage or cause any injury are so remote it's probably not even worth mentioning but as for causing a serious nuisance and concern and showing a shocking lack of courtesy and safety awareness with firearms he classes fairly close to the top of the scale. Based on what you're saying I'd dare say he's hardly a suitable caracter to have a firearm, no matter what he does for a living.


  • Registered Users, Registered Users 2 Posts: 403 ✭✭Humans eh!


    I mean, that's just bloody dangerous, and the attitude doesn't exactly mark him out as someone who can be trusted to behave safely with a firearm. Speaking to you, threatening you, all while holding an unbroken shotgun and firing in the direction of your house? .

    Exactly.

    To be honest I don't trust any of them and it'd be his word against mine and I would just be hassled for the rest of my life, I have found that the Gardai can be clannish and heavy handed to soft targets over trivial stuff. His wife is a Garda too (irrelevant I know). Without proof I am screwed and he knew it. My wife had the camcorder with her that day and all I have are still photos which show how close this "gentleman" was and what direction he was shooting... but they could be interpreted many ways


  • Registered Users, Registered Users 2 Posts: 13,034 ✭✭✭✭It wasn't me!


    Humans eh! wrote: »
    Exactly.

    To be honest I don't trust any of them and it'd be his word against mine and I would just be hassled for the rest of my life, I have found that the Gardai can be clannish and heavy handed to soft targets over trivial stuff. His wife is a Garda too (irrelevant I know). Without proof I am screwed and he knew it. My wife had the camcorder with her that day and all I have are still photos which show how close this "gentleman" was and what direction he was shooting... but they could be interpreted many ways

    If he does it again, take an account for proof. If he doesn't, well, you've met an extremely unsavoury element of our society and had a nasty experience, but you probably needn't worry. Personally, for such an unsafe attitude towards firearms, I'd be making a report, but that's a personal thing.


  • Registered Users, Registered Users 2 Posts: 403 ✭✭Humans eh!


    Ignorant bollix, that's all I can say. Being realistic about it all the chances he was going to do any damage or cause any injury are so remote it's probably not even worth mentioning but as for causing a serious nuisance and concern and showing a shocking lack of courtesy and safety awareness with firearms he classes fairly close to the top of the scale. Based on what you're saying I'd dare say he's hardly a suitable caracter to have a firearm, no matter what he does for a living.

    I understand that he probably wouldn't cause any damage all the same. But if I came over to your house and stand 400 yards away up a hill firing at your front door would you let your children out to play??

    I think not!
    I'd be in custody before I could reload.

    Its his lack of consideration and ignorance I am fuming with as well as the abuse of his profession in threatening me with "Hassle"
    I practice archery but wouldnt dream of releasing arrows in the direction of a dwelling or a person even if it they were out of range.


  • Registered Users, Registered Users 2 Posts: 1,956 ✭✭✭homerhop


    when approaching someone like that always have your phone ready to record


  • Registered Users, Registered Users 2 Posts: 380 ✭✭lordarpad


    also there is always the garda ombudsman. as for the occupiers liability act, here is the original section:

    "recreational user" means an entrant who, with or without the occupier's permission or at the occupier's implied invitation, is present on premises without a charge (other than a reasonable charge in respect of the cost of providing vehicle parking facilities) being imposed for the purpose of engaging in a recreational activity, including an entrant admitted without charge to a national monument pursuant to section 16 (1) of the National Monuments Act, 1930 , but not including an entrant who is so present and is—


    ( a ) a member of the occupier's family who is ordinarily resident on the premises,


    ( b ) an entrant who is present at the express invitation of the occupier or such a member, or


    ( c ) an entrant who is present with the permission of the occupier or such a member for social reasons connected with the occupier or such a member;


    "trespasser" means an entrant other than a recreational user or visitor;


    "visitor" means—


    ( a ) an entrant, other than a recreational user, who is present on premises at the invitation, or with the permission, of the occupier or any other entrant specified in paragraph (a), (b) or (c) of the definition of "recreational user",


    ( b ) an entrant, other than a recreational user, who is present on premises by virtue of an express or implied term in a contract, and


    ( c ) an entrant as of right,


    while he or she is so present, as the case may be, for the purpose for which he or she is invited or permitted to be there, for the purpose of the performance of the contract or for the purpose of the exercise of the right, and includes any such entrant whose presence on premises has become unlawful after entry thereon and who is taking reasonable steps to leave.

    The URI is: http://www.irishstatutebook.ie/1995/en/act/pub/0010/sec0001.html#zza10y1995s1


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  • Registered Users, Registered Users 2 Posts: 1,004 ✭✭✭tfox


    Humans eh! wrote: »
    My life would be made hell!
    Thats how things work in this part of the country

    It's sad but true !! I learnt a long time ago it doesnt pay to stir up or cross the Guards, can be a very vindictive bunch !! Mind you there are some very straight upstanding members aswell :)


  • Registered Users, Registered Users 2 Posts: 446 ✭✭meathshooter1


    just because he is a guard doesn't mean that he is beyond the law the same set OF RULES apply to them as well a little bit of courtesy goes a long way,but with the attitude that this man took I would have no problem making a complaint to the super because if it was you or me we would be arrested for recklessly discharging a firearm.


  • Registered Users, Registered Users 2 Posts: 1,277 ✭✭✭endasmail


    imagine if the shoe was on the other foot
    and u were doing that at that garda s house

    your feet wouldn touch the ground


  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Humans eh! wrote: »
    I understand that he probably wouldn't cause any damage all the same. But if I came over to your house and stand 400 yards away up a hill firing at your front door would you let your children out to play??

    I think not!
    I'd be in custody before I could reload.

    Its his lack of consideration and ignorance I am fuming with as well as the abuse of his profession in threatening me with "Hassle"
    I practice archery but wouldnt dream of releasing arrows in the direction of a dwelling or a person even if it they were out of range.

    I fully understand what you're saying and I think our opinions are quite similar in relation to the incident you're talking about. I honestly can't see a reason why the hide couldn't be moved if his decoy pattern or the patch the pigeons were feeding on was dragging them in anyway...my 2 cents anyway...


  • Registered Users, Registered Users 2 Posts: 157 ✭✭X1R


    If that was the situation, you could always make it hard for him by going to the land owner and asking him to use the land yourself.
    It's easy enough to fid out his rota and ensure that you are set up or someone else is there before said guard. When if you meet him again you could always ask the question "any pigeons lately?". Take the priviledge away fro the people that abuse it.
    JC.


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  • Registered Users, Registered Users 2 Posts: 14,909 ✭✭✭✭CJhaughey


    There was a recent case in the UK where two serving members of the Police force were done for selling firearms that had been handed in to be cut up.
    No-one can be above the law. No-one. (except bankers..)
    If a Garda decides that he or she is above the law because of their job then a higher authority needs to be made aware of that fact.


  • Closed Accounts Posts: 10,271 ✭✭✭✭johngalway


    CJhaughey wrote: »
    There was a recent case in the UK where two serving members of the Police force were done for selling firearms that had been handed in to be cut up.

    A mate of mine bought a shotgun off one of them two. I'm still ribbing him about it :D:D:D


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