Legality question and fighting a ticket.

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Dogmatix

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Feb 14, 2006
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73
Location
Bozeman, MT
Hey everyone,

Got another question for you all. I was ticketed yesterday evening for "Discharging a Firearm from a USFS road 261.10(d)" Up Hylite Canyon for those of you who know the Bozeman, MT area.

Now here's my story. I went shooting with my little brother and a friend who has never shot before. I don't have a membership to the local range because I'm a college student and can't afford it and am leaving the area soon to move on with my life. Anyway, we drove up Hylite and the snow is too deap to make it up to the shooting areas. I was told shooting up there was okay, but never officially checked on it (my bad). Anyway we pulled off the road on a turn around spot that was paved off and opened up into a clearing. The road kept going but was too snowy for me to continue on my car. We pulled off the road and got out to begin shooting. We were very courteous to drivers driving by and never fired when we could see a vehicle. We were firing away from the road and were at least 20 feet from the road. We finished firing and were getting ready to leave when a forest service ranger just happened to drive by. He asked us if we were shooting and I said yes. He then got all cocky and started basically drilling us with questions and GPSed my location from where i was shooting asked what we were shooting at why we were there etc. (being a dick, trust me on this one.) We tried to figure out what we did "wrong" finally he told us he was siting me for the above stated. I was like but we are not on the road. He then said you were firing from the paved area which is still considered the road. I explained to him why we were firing from the pavement and not the mud and snow on the side of the road. My reasons: I collect brass, its not safe to fire in mud with a beginner shooter who could slip and fall, Its mud?, Its snow, and this is way safer. He agreed but said it is still the road. I then asked, so if i was standing in the dirt and mud i would have been legal? He said yes. I then said so you are ticketing me over 2-3 feet? he said yes. I gave him a dirty look and basically pleaded for a warning because i didnt know the reg for the particular area. he sadi they were posted. I asked where. he said on a sign down below at the entrance to the canyon. (we went and looked afterwards and foudn the sign...it was a 8"x11" sign on a 4'x5' board sign. That was shot to ****. Not very noticeable or anything to the unaware driver. Anyway moving on. We argued for a little while then he said well i could ticket you for firing across a stream adjacent to a USFS road, and i replied but we werent...he said look beyond your target the stream curves and beyond your target your ricochet(spelling) goes over the stream. I said, are you serious? You are going to ding me for ricochet over a stream? He said no, but I could. I said but the canyon wall is the back drop? He said but you are still firing across a stream. (BS i think) I began to argue some more (mind you being very polite this whole time) I said well i figured since there are over 600 rounds in shotgun shells here and a bonfire hole right there (on the side of the road) that this would be okay? We picked up all our brass and even some others around. I was very safe about everything and even had watchers for vehicles just so we didnt scare anyone of in the slightest bit of chance catch a ricochet into a car. we were teh safest shooters in the area. He told us there is a zero tolerance policy and that we were in teh wrong. I tried to argue the 2 feet thing again. He ignored us and began writting the ticket. We continued to talk to him and ask him for what the laws were, trying to gain knowledge of what we had done wrong or what we could have done differently, but regardless of our efforts he ticketed me anyway for 325 bucks....over 2 freaking feet.

My question is: Should i try to fight this? Should I just pay the fine? What are my chances of winning? Will this go on any sort of record? (he claimed no if we pay it yes if we fight it and loose? What will it going on my record cause me to loose?

Please help me!

If you have any other questions e-mail me ([email protected]), pm me, or post a question for me...thanks everyone

I can't afford this ticket for a technicalliy of 2 ft.
 
From my understanding of the USFS rules(I am not a lawyer) you are pretty much screwed. The signs they have posted in Hyalite are pretty hard to find, and the one at the bottom is pretty beat to hell.
He was probably make you the scapegoat for all the idiots that were shooting there shotguns from the road. I went up there thursday to check it out and there were shotgun hulls everywhere.
There are places to shoot in Hyalite, that is where I usually go myself. Once the snow clears out I'll show you the spot to go to. Send me a PM if you are interested.
 
Mistake #1: Doing something because you'd been "told" (by who?) it was OK, without checking.
Mistake #2: Answering questions, during which you admitted wrongdoing.
Mistake #3: Seeking legal advice on an Internet forum rather than from an attorney.
 
Don't get me wrong in saying this, but I realize i was in all accuality probably wrong. BUT!, first offense, took necessary precautions to prevent injury, 2 ft, and no warning or anything? What the heck?
 
Another question

Another question:


When questioned by an LEO from any LEA or whatever like forest service ranger, what is the best approach?

Like something that doesn't make you guilty of whatever crime they may try to pin on you?
 
Suggestion #1: Get an attorney.

Might cost a lot. Might cost more than the ticket itself. Might prevent getting something on your record that will come back to haunt you in 10 or 20 years.
 
The forest service ranger said that he thought that paying the ticket in full would devoid the possiblity of it going on any sort of record, but fighting it would lead to it sticking if i lost. any thoughts on that
 
Before you take anyone's internet advice on what you should or should not do around a police officer. Talk to a lawyer. You left with guns, in your car. You handled the situation well. Had you played "I'm a hardass, I know my rights, I don't have to talk to you," you could have left without your guns or car, and with bracelets on your wrist.

Take pictures of the sign that was shot full of holes, and then talk to a lawyer. USFS is under certain obligations to post and maintain legible signs, that can be found.

You need to talk to a lawyer before you pay the fine or decide to fight the ticket, so you are aware of all legal and longterm ramifications.
 
Dogmatix, not to detract form your plight, but I find this post amusing-MT sounds like paradise. If you were caught shooting in an illegal area around here you would probably have your gun confiscated and be cuffed and carted away.
 
Fight it, It can not get any worse that what you are charged with to fight it, and you usually will get less.

My exp. has shown that on average, most judges/magistrates, are pretty understanding of Clean cut, well dressed, well spoken, college students who come before them. If possible, I would get out there while the snow is still there, and take pics, of the shooting spot, of the minimalist sign and its condition, of all the other cases still around. And present that as mitigating circumstances, an attorney is a good idea, but not if this is a "petty misdemeanor" ticket, then this will be regarded as the same as littering ticket or too many people on a campsite ticket. HOWEVER, If this is considered a Gross Misdemeanor, then get an Attorney.

As for the park rangers statement that "fighting the ticket will make it stick" statement, that sounds like he knows he is on thin ice legally and wishes for you to just roll over. There is no legal way for you to be punished harder for requesting due process buy going to cout on this matter. In fact, his statement could be construed as legal advice without a license. This would be a punishable offense. seek an attorney
 
You describe the Ranger as "being a dick" but it sounds to me like he was pretty patient with a young guy who was trying to give him a hard time. You ended up with a ticket for the minimal offense. As with any ticket, you need to decide whether to fight it or pay the fine. (I assume the offense is a misdemeanor and conviction won't bar you from owning a gun; if it would, then fighting it is an essential, IMO.)

If you decide to fight it in court, get a lawyer, get those pictures, and pay whatever it costs. You might still be convicted but at least you tried.

FWIW, a better response might have been to say that you were unaware of the rule, that you did not endanger anyone, then promise to clean up the area and leave immediately. That might not have resulted in his putting away the ticket book, but would have been better than arguing about where your foot prints were.

Jim
 
FWIW, a better response might have been to say that you were unaware of the rule, that you did not endanger anyone, then promise to clean up the area and leave immediately. That might not have resulted in his putting away the ticket book, but would have been better than arguing about where your foot prints were.

Jim,

I did. I started off by saying I didnt know what rule/law i broke. that I assumed since everyone else had obviously been shooting here that it was okay. I appologized. Offered to clean up all the trash in the area and was very polite in all actuality. He immedialty took the zero tolerance approach and grabbed his ticket book as he was exiting his truck and before he knew i was shooting. I didnt mention this part because well because i was typing fast and in a hurry to get any sort of response i could. this is why i posted the pm me with questions remark.

Thanks for your thoughts though.
 
1. Paragraphs are your friends.

2. Profanity is not necessary.

3. If you want to fight this, you still probably need a lawyer.
 
The forest service ranger said that he thought that paying the ticket in full would devoid the possiblity of it going on any sort of record, but fighting it would lead to it sticking if i lost. any thoughts on that
Yes.

Ask an attorney. A live attorney, not an Internet attorney, and preferebly one who practices law in the jurisdiction where you got the ticket.
 
It doesn't cost anything to talk to the PA or to plead not guilty and then talk to the prosecutor. Bring pics, drawings etc, anything to support the fact you were being as responsible as you could under the circumstances. After a discourse with the prosecutor, he may dismiss. You can always plead guilty at anytime or plead no contest and pay the fine and move on. Costs nothing to discuss it with the powers that be. Don't overcomplicate this matter.
 
If you're going to fight it, go up there tomorrow with your camera, a friend, and a newspaper with front page headlines. Hold that paper beside the sign for the picture of the illegible sign. Same with the cases and hulls on the ground. Same with edge of snow to turnout asphalt, etc.

I don't know exactly about N.F. in Mont., but here in Idaho, it is illegal to shoot from any maintained road, the embankments of the road, across a stream or creek, etc. May be different in Mont.

Good luck.

L.W.
 
Tough luck: I'm sorry it turned out that way.

Unfortunately, although it sounds like he was either ignorant or intentionally misleading you on a few issues, there's no question that you were in violation of the USFS regulations. The boundary around roads for no-shooting zones is much more than 3ft, so there's no splitting hairs in the issuance of the ticket.

The only hope you have is in a sympathetic judge, and I while I think legal counsel is usually great advice, it won't help you much here. To the contrary I think you would present a better image going by yourself.



Since this USFS employee is likely someone that we could run into, would you mind posting his name, description, etc? I understand if that sort of thing isn't permitted on the forum, but I would like to be on the lookout for people that choose to enforce "zero tolerance" rather than exercise restraint as appropriate on a case-by-case basis.
 
pete_f hit it on the nose. Take some pix and go to court, explain the situation to the judge. Most of them would find this as ridiculuous as you think it is.

Find out if you were charged with a violation or a misdemeanor. If it's a violation that means there's no possibility of jail time, basically the same as most traffic tickets. (not saying that they're talking jail time, just trying to distinguish a violation versus a misdemeanor). If it's only a violation, I'd go to court with pix and explain it to the judge and beg for forgiveness. Worst case scenario you pay your money and you're done.

On the other hand, if it's a misdemeanor, get an attorney. A misdemeanor is a crime and will stay on your record, and can disqualify you from things like CCW permits in the future.
 
First off, find out if you were charged under federal or state law. This was, if I understand it correctly, Forest Service land and you were nabbed by a Forest Service ranger. So ... was he enforcing a U.S. Forest Service regulation, or a state law, or a state regulation? At this point it sounds like you don't even know if you'll be before a state judge or a federal judge.
 
Get a lawyer... Whether we like it or not negligence or ignorance of the law is no excuse..


W
 
Here's my thoughts that are probably worth less than 2 cents.

Get a good lawyer. Don't scrimp on the cost. My parents tried to get a good lawyer for "dollar tree" prices once. They lost.

Take some pictures of the area so you can show the judge the area. A picture is worth a thousand words.
 
Dogmatix=> Recommend you fight this ticket and contest it.

WHY: Forest Ranger likely will not show up in court. Judge will then dismiss ticket if you contest it.

REASONING: If Forest Ranger did show up in court to represent every ticket he wrote, he'd never be afield.

I also hope that by contesting ticket you send a strong message that what this loser was doing (assumed by your writeup) was wrong as your description of event, if accurate, shows you in the right all the way!

I've met such loons as this Ranger... surprised they still exist!

Good luck with getting this ticket dismissed!!! Keep us posted!
 
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