Paintballing - legal in public?

[SaxyJag]

Scenario: Some employees are meeting up for a day out paintballing. One brings along his own gun and a couple of them have fun playing with it in the workplace car park before they set off, causing some damage to other employees' cars (which is being dealt with).

The workplace is a council-owned building open to the public, and although not an official right of way, the car park and surrounding grounds are often used as a pedestrian shortcut by the public. The car park is also close to a very busy road.

It's undecided at the moment, but it's likely the guilty parties will be disciplined at work. However, what's the legal position?

[Leachy10]

You should be aware that it is unlawful to trespass on any land (including on water), or in any building whilst in possession of a firearm, including an airgun.

Simply going onto private land without permission is trespass. If you are in possession of an airgun at the time, it is trespassing whilst in possession of a firearm, a serious criminal offence which is punishable by up to six months imprisonment and/or a fine of �1000.

It is also an offence to discharge a firearm, including an airgun, within 50 feet of the centre of any highway. This includes roads, bridle-paths or public footpaths. The offence is complete if a member of the public is injured, endangered or even just alarmed by the incident.

[Leachy10]

Here's a bit more

1) Possession of firearms in a public place

The Anti-Social Behaviour Act 2003 Sec 37 amends Section 19 of The Firearms Act 1968, which deals with possessing certain firearms in a public place. This section now reads as follows�.

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place

(1) a loaded shotgun

(b) an air weapon (whether loaded or not)

(c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

(d) an imitation firearm.

The above is effective from 20th January 2004.

[tomd]

But he's not trespassing if he works there, and I'd say a day paintballing is 'reasonable excuse' for having one. The only real offence is discharging it.

[Kerplunk]

And criminal damage to the cars he hits.

[SaxyJag]

Thanks for your replies. As you might guess, this has actually happened and management are currently making their decisions as to how they'll proceed. The police have been spoken to on an informal basis and have said that if they had received a call at the time, they would have automatically sent an armed response unit, the owner of the gun would have been arrested and the gun confiscated and destroyed - minimum penalty.

Since this is a local authority owned, 'family friendly' venue, you can imagine the implications. I rather think management is going to take very strong and definite action. I'll keep you posted.