Date: Wed, 16 May 2001 00:58:09 EDT From: freemanaz@aol.com Subject: [lpaz-discuss] Tonto Forest Shooting Policy To: lpaz-discuss@yahoogroups.com Cc: THansen980@aol.com, tanru@earthlink.net, jmdecker@concentric.net Reply-To: lpaz-discuss@yahoogroups.com
Subj: Tonto Forest Shooting Policy Date: 5/15/01 9:56:28 PM US Mountain Standard Time From: alan@bloomfieldpress.com (Alan Korwin) Reply-to: alan@bloomfieldpress.com To: alan@bloomfieldpress.com (Alan Korwin)
To new Arizona list: Three recent messages combined:
Message 1, May 2:
I met recently with Tonto National Forest Director Karl Siderits for nearly two hours. They have some very real problems. National Forest authorities are considering closing the Arizona National Forests, or parts, to shooting. This is a critical issue for anyone who practices outdoors on open terrain. Voice your concerns at the meeting as noticed below, or by other means directly. This is a steamroller that can flatten your rights.
Alan Korwin, Author The Arizona Gun Owner's Guide
(From Tonto Administrators): For Immediate Release Contacts: Art Wirtz- (480) 610-3300
RECREATIONAL SHOOTING COMMENTS WANTED
Phoenix, AZ- April 27, 2001..District Ranger Art Wirtz, of the Mesa Ranger District, will be available to discuss recreational firearm shooting on Tonto National Forest on Thursday, May 3 in the Apache Room of the Mesa Centennial Center in downtown Mesa. This discussion will be informal in nature with the public invited to come in anytime between 2:00 pm and 7:30 pm and talk about their concerns, problems, desires and needs in relation to recreational shooting on National Forest lands in the Mesa and Apache Junction areas. If you have been affected by shooting while hiking, horseback riding, or other recreational activity this would be an excellent time to discuss this with Ranger Wirtz and his staff. There are many areas on the Tonto National Forest that receive very heavy use by recreational shooters. Recreational shooters are encouraged to share with the Ranger what type of areas on the National Forest meet their needs and what type of shooting they do on a regular basis. Comment sheets will be available for people who are unable to attend but would like to comment.
**If you have any questions about this meeting feel free to call the Forest Service at (480) 610-3300
Message 2, May 6, to local attorneys:
It makes sense for us to develop our own carefully constructed uniform policy regarding use of Forest Service lands fr free-range marksmanship (never use their Bradyesque and derogatory term "wildcat shooting"), and present a unified front in dealing with this issue.
I have it on excellent legal advice that the Tonto Forest administrator's purported fear of liability over a shooting incident, prompting their effort to restrict certain legal recreational shooting, is COMPLETELY FALSE. As I have previously mentioned, enforcement against illegal shooting activity appears to be basically non-existant.
Any such suit would apparently have to be made under the Federal Tort Claims Act. This act literally makes Tonto and similar agenices VIRTUALLY IMMUNE to a successful suit, damages, findings of responsiblity, etc. The huge cost and complexity of even filing such a claim is a further deterent to even having to face such a claim.
Would any of you Arizona legal eagles dispute this?
Also, do you have suggestions for specific recommendations we can make for free-range marksmanship on ublic land, so we can take an affirmative position, instead of merely responding defensively and meekly to the restrictions that are being prepared (and will be used to set future precedents)?
Their letter goes out May 14. We should have something drafted and to them before the end of the week, and possibly even short circuit their pronouncement, and prompt a conference effort at a policy, instead of an issued proclamation.
My draft suggestions from a few days earlier are attached.
Message 3, Draft of Proposal (Tonto's announcement letter, planned for May 14, has been postponed; this draft proposal is still being developed, has not been officially released):
A bunch of us are trying to come up with a unified position on outdoor marksmanship at Tonto (and the other) National Forests in Arizona.
Could you live with/support this DRAFT proposal? Your changes and suggestions are appreciated.
Alan.
UNIFIED PROPOSAL -- WORKING DRAFT ONLY UNIFIED PROPOSAL -- WORKING DRAFT ONLY UNIFIE PROPOSAL -- WORKING DRAFT ONLY
Regarding Free-Range Marksmanship, Outdoor Target Practice and Recreational Shooting Sports on Tonto and Other Arizona National Forest Public Lands
1. Multiple use of public lands is the routine, current and proper policy for Tonto National Forest, other National Forests, and other public lands in the state of Arizona. Multiple use is widely endorsed by stewards of public lands.
2. Free-range marksmanship, outdoor target practice and recreational shooting sports in the National Forests are valid and proper uses of these public lands, with a long and unbroken tradition, history, culture and current use. On Nov. 16, 2000, in testimony before the Arizona State Legislature Special Hearing on Shooting Sports on Public Lands, Tonto Forest Supervisor Karl Siderits testified, "Safe, responsible, recreational shooting is a valid use of National Forest Service public lands."
3. The existence of negligent or criminal misuse of public lands, or the Forest Service's failure or inability to enforce laws against negligent or criminal misuse of public lands, is not a valid or acceptable cause for closing public lands to any lawful use by the law-abiding public. However, failure to enforce laws against known negligent or criminal misuse of public lands may constitute dereliction of duty, violation of oath of office, malfeasance, or other charges, and may create legal exposure for those responsible for failing to enforce the applicable laws.
4. Closure of any National Forest public lands to free-range marksmanship, outdoor target practice and recreational shooting sports, due to the number of existing federal law enforcement employees, or the number of any other type of federal or other employees, is arbitrary and capricious, and is not a valid or acceptable grounds for closure. While the Forest Service may seek to adjust its staffing levels upwards or downwards for numerous reasons, claims of employee shortages are not sufficient or valid grounds for closing our public lands to lawful use.
5. Given that the Forest Service is aware of certain negligent, abusive and criminal behavior at some well-known locations, the Forest Service should post warnings against such illegal behavior, implement regular patrols of these areas to deter such behavior by showing a Forest Service presence, and enforce the law through warnings, citations, fines, and when appropriate, arrests and prosecutions, when such illegal behavior is encountered and is severe.
6. In addition to completely unfettered access for free-range marksmanship, outdoor target practice and recreational shooting sports in the National Forests, the Forest Service has an obvious and immediate need to establish a number of designated unsupervised marksmanship areas, with certain minimal facilities provided. These "use-at-your-own-risk" facilities should include, at a minimum, reasonable accessability by motor vehicle, posted gun safety rules and basic range rules, frames and supports for suspending targets, concrete or similarly durable outdoor benches, shade ramadas and trash receptacles.
7. In addition to completely unfettered access for free-range marksmanship, outdoor target practice, recreational shooting sports, and a number of designated unsupervised marksmanship areas in the National Forests, the Forest Service should create a list of feasable sites, obtain funding through Byrne grants or other private or public sources, and commence development of at least one official and supervised range on each Forest Service property in accordance with existing guidelines under FSM 2335.4-Target Ranges, et. seq.; FSH 2709.11 Chapter 40 - Special Uses Administration-On Target Ranges; and under the Code of Federal Regulations, 36 CFR 251.54.
8. As part of its educational and stewardship missions, the Forest Service should, at the earliest possible date, and in cooperation with recognized firearms experts, begin providing educational opportunities, and educational literature, for people interested in free-range marksmanship, outdoor target practice and recreational shooting sports in the National Forests. A certificate for successful completion of such educational opportunities, suitable for framing, should be made available to people who participate in such programs, but such certificate shall have no function other than its suitability for framing.
9. As part of its educational and stewardship missions, the Forest Service should, at the earliest possible date, and in cooperation with recognized firearms experts, approach the Arizona public and private school systems, and offer to provide educational opportunities, and educational literature, along with marksmanship opportunities on Forest Service public lands. In light of widespread ignorance among school children and their teachers, of the proper role and safe use of firearms, and in consideration of tragic accidents involving children of school age, this proposal is considered of paramount importance. A certificate for successful completion of such educational opportunities, suitable for framing, should be made available to people who participate in such programs, but such certificate shall have no function other than its suitability for framing.
10. It is widely recognized that any use of land creates plainly obvious signs of that use, and this is normative. People within Arizona, eager to enjoy a safe and wholesome outdoor shooting experience, call on the Forest Service to announce, promote and organize voluntary cleanup days of traditional shooting areas. Reusable target materials found at such areas should not be removed during such periodic cleanups. A certificate for participation in such efforts, suitable for framing, should be made available to those who volunteer their time and energy, but such certificate shall have no function other than its suitability for framing.
This draft: 5/9/01 by Alan Korwin Author, The Arizona Gun Owner's Guide Bloomfield Press 12629 N. Tatum #440 Phoenix, AZ 85032 602-996-4020 602-494-0679 fax alan@bloomfieldpress.com
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