Illegal discharge of firearm citation.

[19stang88]

The thing is: There still has to be a law you violated on the citation. Is the law you violated a federal law (I very much doubt it) or a state law. If it was a state (or fed) law, which law was cited as being violated?

He threatened to charge me with a federal offense and take all my guns and throw me in jail. Then after saying that is what he was for sure going to do, then he said here is a citation. You pay it, nobody knows about anything, your record will be good. It won't show on your record, you have my word.

 

[Gunwheeler]

261.58m

[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR261.58]

[Page 378-379]

TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE

PART 261_PROHIBITIONS--Table of Contents

Subpart B_Prohibitions in Areas Designated by Order

Sec. 261.58 Occupancy and use.

When provided by an order, the following are prohibited:
(a) Camping for a period longer than allowed by the order.
(b) Entering or using a developed recreation site or portion
thereof.
(c) Entering or remaining in a campground during night periods
prescribed in the order except for persons who are occupying such
campgrounds.
(d) Occupying a developed recreation site with prohibited camping
equipment prescribed by the order.
(e) Camping.
(f) Using a campsite or other area described in the order by more
than the number of users allowed by the order.
(g) Parking or leaving a vehicle in violation of posted
instructions.
(h) Parking or leaving a vehicle outside a parking space assigned to
one's own camp unit.
(i) Possessing, parking or leaving more than two vehicles, except
motorcycles or bicycles per camp unit.
(j) Being publicly nude.
(k) Entering or being in a body of water.
(l) Being in the area after sundown or before sunrise.
(m) Discharging a firearm, air rifle, or gas gun.
(n) Possessing or operating a motorboat.
(o) Water skiing.
(p) Storing or leaving a boat or raft.
(q) Operating any watercraft in excess of a posted speed limit.
(r) Launching a boat except at a designated launching ramp.
(s) Possessing, storing, or transporting any bird, fish, or other
animal or parts thereof, as specified in the order.
(t) Possessing, storing, or transporting any part of a tree or other
plant, as specified in the order.
(u) Being in the area between 10 p.m. and 6 a.m. except a person who
is camping or who is visiting a person camping in that area.
(v) Hunting or fishing.

[[Page 379]]

(w) Possessing or transporting any motor or mechanical device
capable of propelling a watercraft through water by any means.
(x) Using any wheel, roller, or other mechanical device for the
overland transportation of any watercraft.
(y) Landing of aircraft, or dropping or picking up any material,
supplies, or person by means of an aircraft, including a helicopter.
(z) Entering or being on lands or waters within the boundaries of a
component of the National Wild and Scenic Rivers System.
(aa) Riding, hitching, tethering or hobbling a horse or other saddle
or pack animal in violation of posted instructions.
(bb) Possessing a beverage which is defined as an alcoholic beverage
by State law.
(cc) Possessing or storing any food or refuse, as specified in the
order.
(dd) [Reserved]
(ee) Depositing any body waste in caves except into receptacles
provided for that purpose.

[42 FR 2597, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 43
FR 32136, July 25, 1978; 46 FR 33521, June 30, 1981; 52 FR 19347, May
22, 1987; 59 FR 31152, June 17, 1994]

 

[Gunwheeler]

He threatened to charge me with a federal offense and take all my guns and throw me in jail. Then after saying that is what he was for sure going to do, then he said here is a citation. You pay it, nobody knows about anything, your record will be good. It won't show on your record, you have my word.

Considered a Petty Offence.

 

[bendskier]

261.58m. Discharging a firearm, air rifle, or gas gun, except for the lawful hunting or in areas designated as open on the attached Forest recreational shooting maps. 36 CFR 261.58(m)

I work with a bunch of these Forest Service LEO's. In general, they're pretty damn professional, they're extremely highly trained, they tend to give CCW/straight shooters and probably most nwfirearms.com-types a bit of break, but quite frankly, they have nothing better to do than pursue this if you fight it. I find it hard to believe that one of them said he'll 'take all your guns and throw you in jail'. Fight it if you think you have clear evidence that you were NOT in a prohibited area but lack of signage isn't going to be a defense. If you're in the forest, you're supposed to know where you can shoot and where you can't. If you were in a prohibited area, just pay the ticket and move on. It won't show up anywhere.

 

[19stang88]

261.58m. Discharging a firearm, air rifle, or gas gun, except for the lawful hunting or in areas designated as open on the attached Forest recreational shooting maps. 36 CFR 261.58(m)

I work with a bunch of these Forest Service LEO's. In general, they're pretty damn professional, they're extremely highly trained, they tend to give CCW/straight shooters and probably most nwfirearms.com-types a bit of break, but quite frankly, they have nothing better to do than pursue this if you fight it. I find it hard to believe that one of them said he'll 'take all your guns and throw you in jail'. Fight it if you think you have clear evidence that you were NOT in a prohibited area but lack of signage isn't going to be a defense. If you're in the forest, you're supposed to know where you can shoot and where you can't. If you were in a prohibited area, just pay the ticket and move on. It won't show up anywhere.

With my busy schedule, I might as well pay it. Believe me, the guy did say he will charge me to the max and take my guns and my friends car and charge both my friend and I with felonies. My biggest concern is the citation showing up on my record. I leave for marine bootcamp march 12, I don't need something to show up on my record to mess things up.

 

[Buddhalux]

With my busy schedule, I might as well pay it. Believe me, the guy did say he will charge me to the max and take my guns and my friends car and charge both my friend and I with felonies. My biggest concern is the citation showing up on my record. I leave for marine bootcamp march 12, I don't need something to show up on my record to mess things up.

They might not of made it back off that mountain then if they ran across the wrong people. LEO's need to learn that they can't just threaten people on a whim to exercise their lack of penis size.

 

[skydiver]

I leave for marine bootcamp march 12, I don't need something to show up on my record to mess things up.

Thank you for serving our country!

 

[19stang88]

It is an honor to serve this nation.

 

[AMT]

Thank you for serving our country!

+1

 

[tkdguy]

Either digital or 35 mm photos at key locations that illustrate your point may be a big help. 8 x 10 photos from Costco are CHEEP. Judges love photos. Bring three sets, one for you, one for them, and one for the judge and number and name the exhibits. Good luck.

 

[hermannr]

261.58m

261.58m only pertains to "Designated" areas. (and it has been my experience that these "desgnated areas" are signed, like campgrounds with "no discharge of firearms" signs.

I would guess it should be quite easy to put to bed, The guy was way out-of-bounds on a power trip.

BTW: This is a Federal Law, therefore it is a "federal" offence, (though petty, it won't hurt you in the Marines) and must be delt with in "federal" court. Same thing as a traffic ticket on a military base.

 

[Gunwheeler]

261.58m only pertains to "Designated" areas. (and it has been my experience that these "desgnated areas" are signed, like campgrounds with "no discharge of firearms" signs.

The Forest Order that designates areas closed must be available at a mininium of 2 locations. 1. At the District Headquaters. 2. At a Kiosk along the side of the road used to access where the violation was observed. No requirements for any further signs. Stop and read these boards there is a lot of info that is availble.

 

[slingshot1943]

19stang88
Thank you for serving.

 

[MarkAd]

Stop and read these boards there is a lot of info that is availble.

Take very detailed photos of these boards. If the info is not there they must dismissed.

Good fortune on you upcoming career.

 

[Redcap]

They might not of made it back off that mountain then if they ran across the wrong people. LEO's need to learn that they can't just threaten people on a whim to exercise their lack of penis size.

It happens from time to time and I'm okay with it.

 

[19stang88]

Turns out this forest service guy is full of BS. I made several phone calls and this citation will show on my record if I pay. Especially with the background checks the military does, it will show up. I never knew shooting a few rounds at a legal place could be such a federal crime. I am definitely fighting this and hiring a lawyer if needed. And like I said before, it's a honor and privilege to serve. So thank you and you're welcome.

 

[iusmc2002]

Turns out this forest service guy is full of BS. I made several phone calls and this citation will show on my record if I pay. Especially with the background checks the military does, it will show up. I never knew shooting a few rounds at a legal place could be such a federal crime. I am definitely fighting this and hiring a lawyer if needed. And like I said before, it's a honor and privilege to serve. So thank you and you're welcome.

Something this petty, I'm sure a recruiter would have no problem getting you a CG's waiver, and you'll be good to go. Not sure about how hard you should fight it if you're worried about getting off to bootcamp on time. I would imagine that a pending FEDERAL case would put a damper on your recruiter's desire to go to bat for you with a CG or any other higher authority. Most of us knew guys that had much worse offenses than yours, that got into the military with little problem.

 

[Nwcid]

I say fight. Just cause you can get in the military does not mean you want something like this causing you problems further on in life. Now you can fight it and in 10 years if it becomes and issue then it will cost lots more $$$ and be much harder to fight.

This is assuming you are sure you are in the right on this one. From what you have posted it sounds like you are.