Thread: Police called out for Duck shooting

Interested in opinions on this and where/what it will lead to and if some proactive actions should be taken now or wait for letter to arrive and deal with then depending on what letter says.
Some quick facts around incident.
DOC ground encompassing riverbed (DOC Game bird Permit for area held and shown to Police)
Firearms license valid (Valid and viewed by Police)
Duck shooting license valid.
Firearm locked in case and opened for inspection by request for Police. Ammunition stored correctly.
This is rural environment, maybe total 5 farm houses within 3kms
Been shooting this area for 5yrs no issues until now.
Police... 3 cars...6 officers at exit gate from riverbed. Complaint about unsafe shooting, pellets have hit farm house roof.
Conclusion of interview at gateway, have been told will be getting written letter for "firing a weapon in unsafe direction"
Here is the interesting bit, I believe the complaint is false and is more likely a noise complaint or local not wanting it shot. (do shoot a limit here 5 or 6 times per season)
Why? There is only 1 houses within 1.5km and it is 736mts away.
From the research I have done it appears steel 4 shot is incapable of traveling that far.
When fired at a 40 degree elevation (apparently max range is achieved at 40 not 45) testing in England and America both say maximum with tail wind 350mts so that does not not even get 1/2 way to the closest house.

was this you who was the shooter?

Originally Posted by 40mm

was this you who was the shooter?

Shooter is family member and I have shot at this location with them as well regularly. (would normally have been present but was not on this occasion)

Sadly, we'll see more of this kind of stuff as society moves away from guns and hunting.

I'm not a lawyer, but it seems like there was a reasonable and lawful excuse, and surely (I know common sense does not apply)
If there nearest dwelling is further away than the shotty is capable of throwing pellets in even the most favourable conditions a semi decent lawyer should be able to see this off without too much trouble. ...Unfortunately at the expense of your friends wallet.
I would be seeking qualified legal advice lickety split do not wait for an outcome.

Make them prove that shot actually hit the house. If it is present it will be in the gutters etc etc.

Don't just lie down and take it from them, they will have your license revoked next time you have to renew it.

Good to see that everything else is on order with storage licenses etc.

Yeah i would fight tooth and nail

Don"t want it coming up in 10 years for a reason why they are no longer fit and proper.

little money spend now is way better then a lot spent down the track.

I think I would be responding to the letter (when it arrives) with one of my own, stating pretty much what you have said here.
Get your family member's response on record with the police as soon as practical before any issues occur (e.g. don't wait until license renewal time).

https://www.shotgunsportsmagazine.co...statistics.pdf

Less than 400 yards.

It would be nice to see a false complaint charge laid if this is simply a malicious callout.

#4 steel shot would not exceed 300 metres, more likely about 250.

Section 48 Arms Act

Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, discharges a firearm, airgun, pistol, or restricted weapon in or near a dwellinghouse or a public place so as to—
(a)
endanger property; or
(b)
endanger, annoy, or frighten any person.

This is the legislation, the burden of proof is on the Police to prove that an offence has been committed.

In this case they need to prove the following.
- Without reasonable excuse
-An intent to endanger property, endanger, annoy or frighten any person. The intent is cover by the words "so as to"

The shooter had a reasonable excuse, proven by DOC permit and duck hunting licence.
If there was no intent to endanger, annoy or frighten anyone, there is no offence.

There is no such offence as discharging a firearm in an unsafe direction.

If they do send you a letter I would challenge it as if the circumstances are as you describe (not questioning you at all), then it is clear there is no offence. If you do receive a letter I would dispute it. To be honest it sounds like the Police in this case are not fully aware of the requirements of the legislation and you should have no problems.
Be interested to see how this goes.
All the best

Originally Posted by tac a1

Make them prove that shot actually hit the house. If it is present it will be in the gutters etc etc.

Don't just lie down and take it from them

Be mindful that if the complainant happens to be some vindictive type of b------, they could arrange that shot be found in the gutters / on the roof.
I recall that a 22LR cartridge case was "found" at the scene of an alleged murder some years ago at Pukekawa.
"Stuff" can be planted, to suit the cause.

This was my first instinct to want to follow up on, but will the police even be interested in or take seriously a false complaint allegation.
And should that matter be raised with the local area police?

Originally Posted by Ross Nolan

https://www.shotgunsportsmagazine.co...statistics.pdf

Less than 400 yards.

It would be nice to see a false complaint charge laid if this is simply a malicious callout.

Ooops my last reply was supposed to qoute this

Is there any actual evidence, pellets in the guttering ? I would ask Police ( by email ) to go with you to the complainants property and look for the pellets.