cuchulainn
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from The Scotsman
http://news.scotsman.com/scotland.cfm?id=1687002005
http://news.scotsman.com/scotland.cfm?id=1687002005
Police Dismay after Sheriff Grants Hunter Magnum Licence
FRANK URQUHART
A HUNTER yesterday won the right to use a .44 Magnum revolver - "the most powerful handgun in the world"- to kill deer on estates throughout the Scottish Highlands.
Trevor Jeans, a professional deerstalker who culls at least 300 deer a year, went to court after Northern Constabulary refused his application to carry the weapon, made famous in Dirty Harry, the cult thriller film starring Clint Eastwood.
In the wake of the Dunblane shootings in 1996, the government outlawed handguns, with the exception of cases where professions such as vets or slaughtermen need the weapons as part of their job.
In the latest case, Mr Jeans challenged Ian Latimer, the Chief Constable of the Highland force, by arguing that he needed the large-calibre pistol to humanely finish off deer not killed by the first shot from his rifle.
He said he was uncomfortable using a knife to kill a wounded animal and that there was a risk of people being injured by a ricocheting bullet from a rifle fired at close range.
In a judgment issued yesterday at Inverness Sheriff Court, Sheriff Alexander Pollock ruled that Mr Jeans, 45, of Dunlichity House, Tordarroch, Inverness, should be able to own the pistol for his work.
The Deer Commission for Scotland, said Sheriff Pollock, did not recommend the use of handguns, but preferred hunters to take a second shot with a rifle or for a stalker to kill the wounded deer with a knife.
Granting Mr Jeans the right to own a .44 Magnum, Sheriff Pollock stated: "What matters in this case is whether this particular pursuer has satisfied the court that he has 'a good reason' - nothing more and nothing less - for having the handgun in respect of which his application is made. Given that I am so satisfied, I have therefore reversed the decision of the chief constable."
Kenny MacAskill, the Scottish National Party's justice spokesman, told The Scotsman that the judgment highlighted the need for an urgent review of Britain's gun laws. He said: "The gentleman in question is clearly entitled to have a firearm to carry out his work, but there are guns and there are guns. And he is a gamekeeper, not Clint Eastwood.
"There are other legitimate weapons that are capable of killing off the animal without possessing a gun that really belongs in a Dirty Harry movie and not in the hills and glens of Scotland."
A spokeswoman for Northern Constabulary said: "The force notes the outcome and is examining the details of the sheriff's decision."
A spokeswoman for the Home Office confirmed that an exemption had been made under the Firearms Amendment Act, 1997, to allow the use of handguns "as slaughtering instruments for the humane killing of animals".
A senior Scottish police source explained: "This exemption covers veterinary surgeons, who were allowed to keep their handguns. You would have the odd slaughterman and stalker who will use them as well.
"Guns as powerful as the .44 Magnum were not completely outlawed. They are a prohibited firearm, but with these few exceptions. If a vet, for example, chooses to use a Magnum there is nothing illegal in that.
"It may seem incredible to a layman that that is the case, but it does to us as well. Very few stalkers use handguns unless they are in very dense undergrowth, where it is difficult to use a rifle, and most would use .38 calibre weapons."
Mr Jeans, who has held firearm and shotgun certificates for 27 years, declined to comment on the outcome of his appeal when contacted last night.
