Legal issues. Help!

[Colby193]

Hello all,

I went to do my first spearfishing trip today in Cornwall. Unfortunately I was stopped by a security guy at the quay saying I wasn't allowed to spearfish. It said no spear guns on a official council sign with a few other rules. So fair enough if it is a local rule enforced by the council for that particular place. BUT! He was going on about how they are illegal, are classified as a firearm, the same as a shotgun, and how he could call the police and could have me arrested. He meant that as in that could happen with anyone, anywhere, not just at the quay.

Now when I read the BSA booklet online, it says "Spearguns and spears are potentially lethal and when used in a dangerous manner, the laws governing the use of an offensive weapon would apply". Basically meaning if you're using them dangerously. I hadn't even got it out of the car at this point. This security guy literally came over before I had any of my gear out or had done anything as if he was looking to start.

Did any rules and laws change recently? Can anyone explain this confusion?

Thanks for reading,

Colby

 

[Scoobaru]

As far as I know spearguns are not illegal and you do not require a license for them in the uk. When travelling with a speargun (by car) it is a good idea to have the speargun covered up with a towel or keep it in the boot or even a gun bag. The security guard was over reactin and acting on false information, in that situation if he had of called the police they would have just told you to move on as spearfishing was not permitted at tht particular venue.

Just apy common sense eg do not spearfish on crowded beaches as its irresponsible and you should be fine.

Hope this puts your mind at ease

Matt

 

[scallywag]

Total and utter rubbish. Spearguns are in no way Illegal in the uk. If it is I'll have to tell my dive buddy who happens to be a Copper!
I believe in Ireland pneumatic guns have to be licensed but not band guns. Take responsible precautions and you'll be fine.

 

[Colby193]

I bought a gun bag recently for that purpose. I also bought a pole spear because not fishing that place is such a waste.

Well thank you for easing my mind and the information!

 

[Mr. X]

Yes, the security guard was talking out of his bottom. He may have just been exaggerating in order to dissuade you from ignoring him, or he might just be ignorant (I have come across this only once before). However, there might be bylaws in your area prohibiting the carrying of such fishing tackle in certain areas - check with your Council. Obviously you'd never have a loaded speargun out of the water or near others in the sea.

I'm less keen to holiday in Cornwall these days, the traffic there & back is awful, and the arbitrary appearance of a speargun ban in one car park in West Penwith rather soured me on the entire area. Very crowded surf zones put my son off too: huge beaches, with surfing restricted to one or 2 tiny, hugely overcrowded sections - positively dangerous. The weather usually sucks too. I'd rather spend my £££ elsewhere. Used to love Cornwall too.

I suggest that you just continue to act responsibly and, perhaps, a little more discretely. If, in spite of that, people show an interest, engage with them (kids are often fascinated by the fish), be polite/friendly, create a positive image.

BTW recent EU fishing restriction made special provision for spearfishing in a clause at the back, after we campaigned to remove some unintended restrictions they had accidentally proposed by merging two existing clauses into one (the EU are sloppy legislators IMHO).

 

[Kernowkayaker]

Hi Colby, where abouts were you when this happened? I'm about to start spearfishing and its some thing that's been playing on my mind. People seem to be very keen down here to tell you that your not allowed to do something!

I want to find out what the actual laws are regarding spearfishing and carrying an unloaded speargun in a public place ie a beach or footpath. I can't see why there should be a problem?

What experiences have people had with antis?

Cheers

Ross

 

[speerolee]

Ensure you cover your spear tips when in a public place. It is an offence to carry a bladed or pointed artical in a public place. Technically a screw driver 'could' be a problem.

This is the only UK law in force that could relate to carrying unloaded spearguns.



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[Broseidon]

^^^

Good advice, cheers Lee.

 

[kwtony]

One suggestions is to keep the spear out of the gun while traveling, i like to wrap the gun and spear with a towel and leave a layer of fabric between the shaft and the wood so it doesnt scratch the epoxy or paint. I keep my guns and gear in a long nylon mares gun bag, its big enough to hold 4+ guns or 2 guns and almost all my other gear, and it rolls up real nicely.

 

[Colby193]

Thanks for the info Mr.X!
I contacted the council and found out it was a privately owned place. However I just take a polespear instead, its easier as I don't worry about missing and hitting rocks and it is a 3 piece spear so it fits into my mesh catch bag and looks discrete. I put it together when I'm in the water.
I don't blame you for not coming to Cornwall, I find it hard to find places to go to and yes the weather has been awful recently. The weather a few weeks back was amazing for such a long time I was in every day off work. But yes the traffic is awful but fortunately for me I don't wory about that since my local beaches are about 10-15 mins away from me with a okay selection for choice. I tend to go to the sides of beaches and just swim off to where no one is.
And yes I agree with the discrete point you made, its much more hasle free. I got a cressi gun bag for my speargun and a polespear doesn't look that threatening anyway but I mentioned how I hide that.

Hi Kernowkayaker
I was at Lamorna, its privately owned and there are a lot of scuba divers anyway so not worth the risk. And yes, Cornwall is full of rumors and crap that I just ignore what most people say or just keep it in mind and apply some common sense. But I've seen a lot of people just rock up from the sea in kayaks with fish but they leave them in the kayak or just cover them up and not point it around or wave it everywhere. Just common sense really. THis was at porthminster. I haven't really haad any bad experience with people, a lot just seem curious. However when I tried my speargun out for the first time, about a third of my gun was pointing out my bag and this did attract some weird looks but most people don't see spearguns frequently anyway. I just use a polespear at the moment as it has less chance of smashing into rocks and bending/breaking.

Hi speerolee
I have a black tip protector which I always keep on my spear anyway but thank you for pointing that out, I had forgotten about that so I will be extra careful not to lose it.

Thanks for all the replies! Very useful information.