Firearms Act: Public Places (Hansard, 15 November 2004)

§ Lord Whitty

The Government believe that land to which the public has a right of access under Section 2(1) of the Countryside and Rights of Way Act 2000 will generally fall within the meaning of a public place contained in other primary legislation, including the Firearms Act 1968. Section 42 of the CRoW Act gives the Government power to make regulations to disregard the right of access to access land in considering whether such land is a public place for the purposes of existing legislation. Following public consultation, the Government have decided not to make such regulations but to keep the matter under review.

The public place provisions in the Firearms Act 1986 are designed to ensure that firearms are used responsibly and safely in public places. The Act makes it an offence for a person to have a firearm in a public place unless he has lawful authority or a reasonable excuse for doing so. This should not affect a landowner's or occupier's ability to use a firearm for a legitimate purpose on his own land. As the Firearms Act already allows firearms to be used for legitimate activities, like organised shoots and pest control, the Government do not anticipate that it will lead to increased burdens for landowners or occupiers engaged in such activities on access land. Defra has issued guidance on legislation that affects public places, including guidance to police authorities on the Firearms Act 1968. This can be found on the Defra website at: defra.gov.uk/wildlife-countryside/cl/ accessopen/accessopen08.htm.