USFS 150yd Rule
Loafer
9/10/09 11:59am
This last weekend a guy I know got a ticket from a USFS employee for shooting his .22 within 150yds from a dirt road on USFS land. It should be known he was approx 50yds from the road and not shooting at, near or across the road and there were no campsites or buildings within 150yds. Also, there are no persons making complaints against this guy. The USFS employee stated he could not shoot a firearm within 150yds of an occupied area and roads and trails are considered occupied areas. If you think about all the trails and roads through USFS land and then place a 450' no shoot zone on either side where cuold you legally shoot?
The code the USFS employee was referring to is 36 CFR Part 261. The code states you can't shoot a firearm or implement capable of taking life, causing injury or damaging property as follows:
(1) In or within 150 yds of a residence, building, campsite, developed recreation site or occupied area, or:
(2) Across or on a USFS 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.
After this code was put into affect some ranger districts interpreted this as they could refer to a road and trail as an occupied area. Colorado residents probably know more about this than anyone due to the public outrage around the boulder area.
Due to the nationwide public outrage concerning the over zealousness of a few ranger districts on August 29, 2007 Deputy Chief for National Forest System Joel D Holtrop and Law Enforcement and Investigation Director John C. Twiss distributed a memorandum throughout the USFS concerning this type of enforcement.
In the memo it specifically states a road "should not inherently be considered a occupied area." The memo states if there is a problem concerning saftey along roads it needs to be handled through public education and other means described in the memo, the memo is very pro cooperative use of USFS lands.
You can read the entire memo athttp://www.fs.fed.us/recreation/programs/trails/FSM-2720.pdf
After this memo came out some rangers stated they were going to cite anyone who fired a firearm or implement within 150yds of their person as they occupied a space or continue with their old practice going against this memo from top administrators.
All the info I found made this topic appear to be an old issue, but possibly due to lack of re-training or ignorance there are still some issues that need to be worked out. The guy I know is going to first attempt to handle this through the local rangers office and if it can't be resolved at the office then it will head to court.
If anyone has experience with this please share.
The code the USFS employee was referring to is 36 CFR Part 261. The code states you can't shoot a firearm or implement capable of taking life, causing injury or damaging property as follows:
(1) In or within 150 yds of a residence, building, campsite, developed recreation site or occupied area, or:
(2) Across or on a USFS 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.
After this code was put into affect some ranger districts interpreted this as they could refer to a road and trail as an occupied area. Colorado residents probably know more about this than anyone due to the public outrage around the boulder area.
Due to the nationwide public outrage concerning the over zealousness of a few ranger districts on August 29, 2007 Deputy Chief for National Forest System Joel D Holtrop and Law Enforcement and Investigation Director John C. Twiss distributed a memorandum throughout the USFS concerning this type of enforcement.
In the memo it specifically states a road "should not inherently be considered a occupied area." The memo states if there is a problem concerning saftey along roads it needs to be handled through public education and other means described in the memo, the memo is very pro cooperative use of USFS lands.
You can read the entire memo at
After this memo came out some rangers stated they were going to cite anyone who fired a firearm or implement within 150yds of their person as they occupied a space or continue with their old practice going against this memo from top administrators.
All the info I found made this topic appear to be an old issue, but possibly due to lack of re-training or ignorance there are still some issues that need to be worked out. The guy I know is going to first attempt to handle this through the local rangers office and if it can't be resolved at the office then it will head to court.
If anyone has experience with this please share.
3,120
Like shedcrazyUT, I'd like to know which area too so I can steer clear of any problems.