Federal Gun Ranges Hit With Requests for Access

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Desertdog

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http://www.sierratimes.com/05/07/11/gunranges.htm
Federal Gun Ranges Hit With Requests for Access
Alan Korwin, Gun Laws of America

Activists around the country are beginning to probe federal shooting ranges, seeking public access, if my inbound emails are any measure. This follows release of news from Bloomfield Press that federal law specifically allows such use (linked at end). So far, authorities have reportedly been resisting the public's interest in following the law, and that's putting it nicely.
No one appears to be surprised by the stonewalling. Some of these target shooters have actually been motivated by the resistance they have encountered, saying it is a good arena for "shoe-leather activism." The reward of having a lot of new places to go shooting has also encouraged people to act.

One leverage point was brought up by an attorney. The law specifically says that range fees, which may be charged in some cases, "shall be credited to the appropriation available for the operation and maintenance of that rifle range and shall be available for the operation and maintenance of that rifle range." In plain English, that means the range keeps the money.

Normally, fees are taken away from the unit that collects them, and put in a general fund for all government offices to spend. Money staying at the range is a strong incentive to range operators who might otherwise be reluctant to comply with the federal law.

Wiggle room has been found by some ranges claiming they are pistol ranges, and not rifle ranges. The law is limited to rifle ranges, an undefined term. If rifles are or have ever been used on the range, the authorities would be hard pressed to claim it is not a rifle range. Carbines are rifles. The Uzi carbine popular with some federal officials is technically a rifle, since it is designed to be fired from the shoulder, even though it shoots a 9mm cartridge. The official definition of a rifle is in 18 USC 921:

"(7) The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger."

The question of federal-shooting-range access seems to be showing potential of becoming a significant national issue, even if only a limited number of shooters nationwide decide to keep up the pressure. Reports are no doubt being made to higher-ups, about calls received from civilians interested in using the ranges.

The Sandra Day O'Connor courthouse range in Phoenix, cited in the first news release, was mistakenly built too short for federal agents to use for qualifications. This may bolster their "pistol range" exemption. Another wild problem in the $150 million facility is reported by a local activist seeking access -- gunfire at the range apparently reverberates throughout the 58,000 square foot building, causing them grief when used by U.S. Marshals, who control the range.

People who contact local federal ranges would be wise perhaps to expect some resistance, dodging, denials, footdragging and even bad attitude, but the law is the law.

Despite a constant stream of scorn and even bigotry from the news media and the political "left" (a euphemism for socialist-style governance), guns are a wholesome and valuable facet of American life, and routine practice at proper facilities is a good thing.

Important laws such as 10 USC 4309 (this federal-range access law) were enacted so citizens would have a safe place to practice, could improve their marksmanship skills, increase national readiness in the event of an emergency, and get full value out of facilities paid for by the public. It and similar laws are direct recognition -- and implementation -- of a right to keep and bear arms, guaranteed in the Bill of Rights. Marksmanship has been practiced by the American public since the nation was founded.
 
Now, where to find a list of federal gun ranges?
Send Freedom of Information Act requests to various agencies, requesting lists of their ranges?

I'd chip in if someone with experience sending FOIA requests is willing to send them out. (Maybe a lawyerly type on the board?)

http://www.usdoj.gov/04foia/foiacontacts.htm
http://www.usdoj.gov/04foia/other_age.htm

The Departments of Commerce, Defense, Energy, Homeland Security, Interior, Justice, State, and Treasury all seem like good choices to inquire with. Other organs of the Fed that look like they might be appropriate: EPA, FMC, NASA, National Indian Gaming Commission, NRC, TVA and USPS.
 
man, that would rock!

would that also count national guard ranges? the national guard has some sweet military-style qualification ranges. i'd love to shoot on them. (they do let us hold CMP and NRA matches on them, but they're otherwise closed to the public)
 
would that also count national guard ranges?
The text, as pulled from another post, elsewhere:
10 USC § 4309. Rifle ranges: availability for use by members and
civilians
(a) Ranges available. -- All rifle ranges constructed in whole or
in part with funds provided by the United States may be used by
members of the armed forces and by persons capable of bearing
arms.
(b) Military ranges. --
(1) In the case of a rifle range referred to in subsection (a)
that is located on a military installation, the Secretary
concerned may establish reasonable fees for the use by civilians
of that rifle range to cover the material and supply costs
incurred by the armed forces to make that rifle range available
to civilians.
(2) Fees collected pursuant to paragraph (1) in connection with
the use of a rifle range shall be credited to the appropriation
available for the operation and maintenance of that rifle range
and shall be available for the operation and maintenance of that
rifle range.
(3) Use of a rifle range referred to in paragraph (1) by
civilians may not interfere with the use of the range by members
of the armed forces.
(c) Regulations. -- Regulations to carry out this section with
respect to a rifle range shall be prescribed, subject to the
approval of the Secretary concerned, by the authorities
controlling the rifle range.
So, yes, it sounds like it would apply to National Guard and all other military ranges. b(3) might trip things up a little bit.
 
Of course I suppose they could insist on reasonable identification from you to ensure that you are a citizen....such as a stool sample, retina scan, DNA workup etc.....
 
Good luck using a military range. I am sure you would have to abide by the same policies governing the military's use of the range.

In the Army they are scheduled monthes in advance. You cannot just show up and use a range, even if no one else is using it.

They require an Officer In Charge (usually an E-7 or above) & a Range Safety Officer (who cannot actively participate in the training), both of whom must be certified by the local Range Control. A combat lifesaver and dedicated evacuation vehicle are required for non-maneuver ranges. Radio communications with range control are required and must continually be monitored. Frequently they require redundant communications.

A detailed risk assessment is required to be signed by the appropriate authority, generally the company commander for you typical static range. I am not sure who would sign the risk assessment for a civilian wanting to use the range.

Fail to abide by the regulations and they shut you down/decertify the OIC or RSO. Anyone who has run a range in the Army has a horror story about Range Control.

When you are done, you do not just pack up and go home. You have to be cleared by Range Control. It can be upwards of an hour before RC shows up and look out if there is a problem with the range.

That's just for a static range. You do not even want to talk about a maneuver range....

Personally, I have no problem with civilians using military ranges that are not being used by the military. You may have the right to use the range but I think you are going to have a difficult time exercising it.
 
So, yes, it sounds like it would apply to National Guard and all other military ranges
Only one problem. You have to have access to the installation to use it. If your not active duty, retired, dependent, civilian employee or know someone who will sign you in then your S.O.L..
 
lawyer, if only the ATF asked for a stool sample along with a form 4! :evil:

lennyjoe and bh6, sounds like those would be the gov's problems to deal with. i'd schedule trips 6 months in advance though. no problem.

even if the citizens have to provide all those things, that's what clubs are for. we get together and get the resources as a group and then go shoot. no big deal.
 
Taliv,

I am only trying to explain the realities of operating a range on an Army Installation.(I can not speak for the other services.)

Range scheduling is done in a big planning conference. Each unit sends representatives to schedule ranges based on their unit's projected requirements. Static small arms ranges are hotly contested because everyone has qualifcation requirements that must be met and there are a finite number of ranges that support qualification. Some unit's are prioritized over other units based on their eligibility for deployment, training readiness or the importance of their mission. Expect any civilians to come in last.

That's not to say there won't be any ranges left. The tank gunnery range 15 miles from the contonement area probably will not see much use.

How you establish and maintain communications with range control, provide the necessary medical support and meet the administrative requirements is going to be your problem, just like its my problem when I want to use the range.

I agree, a club would be the best way to do it. I think it will be more trouble than it is worth in the end though.
 
In the Army they are scheduled monthes in advance. You cannot just show up and use a range, even if no one else is using it.

Fort Lewis, WA, has ranges specifically set aside for recreational shooting by off-duty, dependants, DOD who work on post, etc. These do not require months in advance notice. I've never used oned, but I've researched it.

I imagine if the DOD decided to comply with 10 USC § 4309, they would send civilians to these recreational ranges.

Only one problem. You have to have access to the installation to use it. If your not active duty, retired, dependent, civilian employee or know someone who will sign you in then your S.O.L.(sic)

But 10 USC § 4309 grants that access.
 
But 10 USC § 4309 grants that access.

Yeah, funny about that.

I wonder what right wing extremist slipped that provision in. It almost treats ordinary citizens like they are members of the militia or something. Next thing you know citizens will have the right to own machine guns and perhaps even bear arms in public. Its a shame we have to fight for all of this- if only the founders had put that in the bill of rights.
 
I can't find my copy but know for a fact that there was a DODI signed during the Regan administration that directed loacl commanders to comply.

Any one have an idea where we could find a copy?

Sam
 
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