USFS, Rules, the Law & Catch 22

Yosarian: Catch 22! Catch 22! What is Catch 22?
Old Italian Woman: They can do anything to you that you can't stop them from doing...

Catch 22 (4): A tricky or disadvantageous condition; a catch...

I'm hearing from lots of people who have called the Forest Service to ask about shutdowns of shooting areas, only to be told that, no, there have been no shutdowns at all. Not a one. Of course, it depends on which office you call. In Pike National Forest, there have been no shutdowns of "designated" shooting areas. In Arapahoe, you're welcome to shoot anywhere, as long as you "follow the rules." Of course, those "rules" are pesky. The current "rule" is that you can't shoot within 200 yards of a road. Or 150 yards from a road. Or (in one memorable case), 400 yards from a road.

Interestingly enough — and this might come as a shock and surprise to Forest Service employees — there are these things called laws, which are (in case you slept through your American Studies class in college) codified rules that define what is allowed and what is prohibited. In the case of Forest Service land, those laws are available in the CODE OF FEDERAL REGULATIONS. The applicable parts for our discussion are "Title 36, Volume 2 [Revised as of July 1, 2004] CITE: 36CFR261:"

CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 261_PROHIBITIONS--Table of Contents

Subpart A_General Prohibitions

Sec. 261.10 Occupancy and use.

The following are prohibited:
[...]
(d) Discharging a firearm or any other implement capable of taking
human life, causing injury, or damaging property as follows:
(1) In or within 150 yards of a residence, building, campsite,
developed recreation site or occupied area, or
(2) Across or on a National Forest System road or a body of water
adjacent thereto, or in any manner or place whereby any person or
property is exposed to injury or damage as a result in such discharge.
(3) Into or within any cave.

Notice that the Federal regs make no mention of "200 yards from a road," "400 yards from a road," or even "150 yards from a road." Regarding roads, the reference in the regs is a prohibition of shooting "across" a road (duh!). The "in or within 150 yards" prohibition specifically refers to " a residence, building, campsite, developed recreation site or occupied area."

As I've mentioned, my Sweetie is an extremely well-regarded 20-year attorney, and a couple of years back I spent a year working for a law firm. Between my Sweetie and my brief experience, I learned an interesting point about the law — it hinges on defining terms. The reasons lawyer-speak often seems so stupifyingly boring (sorry, Sweetie!) is that everyone involved needs to agree on what all the words in the document mean. That's why 36CF261.2 is pages and pages of definitions.

Curiously enough, "road" is not defined, nor is "occupied area." This is sticky. However, because the term "occupied area" is used in 36CFR261.10(d)(1) and "National Forest System road" is used in the immediately following 36CFR261.10(d)(2), lawyers...as opposed to rangers — who have all the legal training of my beagle Alf — will argue that an "occupied area" is not a road.

Why is this important? Because shooting areas have been closed down by citing 36CFR261.10(d)(2), 150 yards from an "occupied area," which some genius at the Forest Service has defined as a "road."

HMMMMM, maybe we can find some clarification on the Forest Service's own website, specifically their "Frequently Asked Question" page:

Can I recreationally shoot in National Forests? Where?

You can target practice in most areas of National Forest, with some exceptions. No shooting is allowed within 300 feet of a campground, trail head, residence, or any place people occupy. Additional areas that do not allow shooting will be posted. You are not allowed to shoot across or on a National Forest road, trail, or body of water. You must shoot in a safe manner, know where your round is going, and have a safe backstop. You cannot place a target on a live tree.

There are established target ranges on some National Forests.

Well, 300 feet..."No shooting is allowed within 300 feet of a campground, trail head, residence, or any place people occupy"...notice the separation between "any place people occupy" and "National Forest road, trail or body of water."

Let's examine a whole other Forest Service rats' nest, the Special Orders.

In Pike National Forest, which does have a designated shooting area in the Ramparts area, one such Special Order is in effect:

Although recreational shooting is generally permitted in the National Forest there are exceptions and conditions. The exceptions are normally outlined in Special Orders. In this case, Special Order 91-08 prohibits recreation/target shooting in all of El Paso County including the area west of Monument. You can obtain a map from us that shows you exactly where these restrictions apply. The best alternative area for recreation/target shooting west of Monument is off Mt. Herman Road and down Forest Development Road (FDR) 322A. This area is located in Teller County approximately six miles from Red Rocks Ranch Road. The other common sense conditions are as follows: (1) you cannot discharge a firearm in or within 150 yards of a residence, building, campsite, developed recreation site or occupied area (2) you cannot discharge a firearm across or on a Forest Development road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to injury or damage as a result in such discharge (3) you cannot discharge a firearm into or within any cave. I would also advise you to familiarize yourself with Colorado State law regarding possessing and transporting firearms.

This is also worht reading, on Pike:

If you are looking for a place to target shoot on the local national forests and grasslands, here are some helpful hints to make your experience safe and enjoyable.

In general, recreational shooting is not prohibited on most National Forest System lands. However, discharging a firearm is always prohibited within 150 yards of a residence, building, campsite, developed recreation site, a cave, across or on a road or a body of water, or in any manner or place whereby any person or property is exposed to injury or damage. (36 CFR 261.10(d).

There's our old friend 36CFR261.10(d)! The Pike rangers have been actively involved in closing shooting areas for more than a year:

Date:
December 10, 2004

Contacts:
Terry McCann, PAO, (303) 275-5615


On Pike National Forest between Bailey, Harris Park Forest Service enacts shooting closure in Slaughterhouse Gulch

MORRISON... The U.S. Forest Service has issued an order prohibiting the shooting of firearms in the Slaughterhouse Gulch area of the Pike National Forest, between Bailey and Harris Park, Colo. The closure order is effective for five years and was initiated as a result of an increasing numbers of complaints of unsafe shooting practices that posed a risk to life and property...

Here is my take on this...the "unsafe shooting practices" is smoke and mirrors to justify closing down range areas. If a Ranger, or law enforcement officials "observed unsafe shooting practices," why didn't they DO THEIR DAMN JOBS and arrest those people? because it's part of an organized antigun initiative. Close down thousands of acres for shooting by legitimate users instead of busting a couple of perps.

Occupied areas...150 yards...200 yards...400 yards...

They can do anything to you that you can't stop them from doing!

CONTACT YOUR POLITICIANS AND GUN RIGHTS GROUPS TODAY!