Thread: Police called out for Duck shooting

Originally Posted by gmm

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

That’s interesting, the council or DOC I think, about twice a year, about 11 pm let strip at the ponds about 3-400 metres from my place. There’s two or three barrage’s, I’m guessing they are shooting on the ground. I can lay in bed and judge the distance and direction. We get no notice this is going to happen. 111 next time and a complaint me thinks.
On Sunday, after opening day, there was one solitary shot from the same place about midnight,
Maybe a pissed off shooter getting a few on the water?