Thread: Want to avoid jail - 900m close to a dwelling

anyone else notice that the O.P of this thread has made 1 and only one post to rant/complain about his neighbour then the thread has spewed on and off topic for 4 pages now.....not saying troll but something is smelling walking and quacking like a duck.....
could be completely wrong

A friend, sadly now deceased, managed to get a full AOS callout by burning bamboo in the incinerator after dark when he was wanting to piss his whiney neighbor off for complaining about his mates spot lighting shooting rabbits on his own farm.

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."

"SO AS TO" implies intent.

"so as to
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia.
Related to so as to: in order to
so as to
In order to; with the intention of.
The police cordoned off the streets so as to create a clear path for the president's caravan.
The senator always tries to claim the moral high ground during a debate so as to shift public opinion in his favor.
See also: to

Farlex Dictionary of Idioms. © 2015 Farlex, Inc, all rights reserved.


so as to
In order to, as in We took off our shoes so as to avoid scratching the newly finished floors. This idiom is always followed by an infinitive. For a synonym, see in order to, def. 5.
See also: to"

Maybe, just maybe, the burden of proof does not lie on the shooter.

Link to a 2016 forum discussion on this topic, interesting contributions from @Ultimitsu and @Sidney

https://www.nzhuntingandshooting.co....clarity-19562/

The wording of Section 48 of the Arms Act 1983 has not changed since this discussion.

Originally Posted by Cordite

Link to a 2016 forum discussion on this topic, interesting contributions from @Ultimitsu and @Sidney

https://www.nzhuntingandshooting.co....clarity-19562/

The wording of Section 48 of the Arms Act 1983 has not changed since this discussion.

interestingly, it has changed i think. it was reasomable cause and now reasonable excuse. I think the defence is now easier to invoke.

I just read what i wrote 5 years ago, interesting posts. lol

I'd give him an ultimatum under the guise of levelling with him; tell him you have every right to control pests on your own land and that the arms act does not specify any distance, then politely offer to use a shotgun instead of a .22 if it will make him feel safer due to the pellets having less effective range. If it were me I'd let the police know before the first time you start shooting, then let the neighbour know, then wait an hour or so before actually opening the safe. If he's as much of a dick as it seems he'll hopefully call the cops just because you said you were going to start shooting; he can't really make a case it was annoying or intimidating him if you haven't fired a shot yet, and it'll likely get the police on your side, 'boy who cried wolf' and all that.

Originally Posted by tommygun

I'd give him an ultimatum under the guise of levelling with him; tell him you have every right to control pests on your own land and that the arms act does not specify any distance, then politely offer to use a shotgun instead of a .22 if it will make him feel safer due to the pellets having less effective range. If it were me I'd let the police know before the first time you start shooting, then let the neighbour know, then wait an hour or so before actually opening the safe. If he's as much of a dick as it seems he'll hopefully call the cops just because you said you were going to start shooting; he can't really make a case it was annoying or intimidating him if you haven't fired a shot yet, and it'll likely get the police on your side, 'boy who cried wolf' and all that.

And record your conversation? Protect yourself.

I got bailed up by an old hag at my usual bunny spot. She said "thats not a high powered rifle is it??"
Me: "Err, no its just an air rifle"
Old hag: "oh thats all right then"

If you learn to fein sincerity you got it made eh.
10/22, airgun...same thing really haha.

Originally Posted by T.FOYE

I got bailed up by an old hag at my usual bunny spot. She said "thats not a high powered rifle is it??"
Me: "Err, no its just an air rifle"
Old hag: "oh thats all right then"

If you learn to fein sincerity you got it made eh.
10/22, airgun...same thing really haha.

While it would be the wrong thing to do I dont think I could help myself....I would have to ask her what a "high powered rifle" is.

Years ago, was shooting clays with a policeman mate in a field surrounded by tall macro hedges on all sides. Nearest house (apart from Mine) 2k. Got a phone call from a chook farmer down the road, saying if I didn't desist, he would call the cops. I was delighted to save him a phone call, and let him converse with an officer straight away. Never had another issue.

Originally Posted by Growlybear

Years ago, was shooting clays with a policeman mate in a field surrounded by tall macro hedges on all sides. Nearest house (apart from Mine) 2k. Got a phone call from a chook farmer down the road, saying if I didn't desist, he would call the cops. I was delighted to save him a phone call, and let him converse with an officer straight away. Never had another issue.

Chooks, some breeds more than others, get worked up by noises, fear is it may affect them laying eggs, etc. It might be your shooting caused a real problem and not just a greenie problem.

Originally Posted by Cordite

Chooks, some breeds more than others, get worked up by noises, fear is it may affect them laying eggs, etc. It might be your shooting caused a real problem and not just a greenie problem.

It could be that the chooks were closer than the neighbor but IF they were 2km away I doubt the noise would have worried them.

Originally Posted by Finnwolf

It could be that the chooks were closer than the neighbor but IF they were 2km away I doubt the noise would have worried them.

They were a good 1.5 ks away, plus the tall,dense hedges really muffled the sound. The chooks were in big sheds, not outside. Was a big hatchery. My wife was in our house 2-300 meters away, and said it was far from noisy.. If he hadn't been an arse about it, I would have been a bit more sympathetic.