SEELEY LAKE – Ever hear a gun shot in town and wonder if it’s legal? The short answer is, yes, it is legal. However, the long answer is it depends on a number of factors including safety, proximity to structures and land ownership.
“When you start talking about firearms to Montanans or Americans, the first thing a lot of people think about is [their] second amendment rights,” said Federal Officer Tyler Robinson. “It’s a constitutional amendment and I value it deeply. But when it comes to harming or hurting another person, public safety is paramount.”
Federal Lands:
The U.S. Forest Service’s Code of Federal Regulations (CFR) 261, “Discharging a firearm or any other implement capable of taking human life, causing injury or damaging property: 1. In or within 150 yards of a residence, building, campsite, developed recreation site [trailheads] or occupied area or 2. Across or on a National Forest System road or a body of water or in any manner or place whereby any person or property is exposed to injury or damage as a result of the discharge,” is a Federal Class B misdemeanor and subject to a $330 fine.
“The catchall is ‘in any manner or place.’ That [statement] allows for some officer discretion,” said Robinson.
Because it is a misdemeanor, the officer does not have to prove intent. “It is like running a stop sign. You either did it or you didn’t,” said Robinson.
During his investigation, Robinson looks at where the bullet was shot, the natural trajectory and the possible targets should a bullet ricochet after hitting a solid object or animal bones.
“My initial assessment could be, ‘gee it looks really safe that way.’ But if the bullet struck an animal or a rock it can end up going a different direction. That is a serious concern,” said Robinson.
Federal firearm felony violations are much more complicated. Robinson said officers gather the evidence at the scene and call the U.S. Attorney General’s office and see if they will take the case. It is up to the federal prosecutor’s judgment. Federal felonies can include dealing with a convicted felon in possession of a firearm or possession of a firearm in a school zone.
“Not many make the felony threshold,” said Robinson. “About 99 percent of the time they meet the misdemeanor threshold.”
State Lands
A recreationist possessing a valid Montana Conservation License is allowed to hunt on legally accessible state land that is not closed or restricted without a state land recreational license. However, according to Administrative Rule 36.25.149 “A recreationist may not negligently, as defined in Montana Code Annotated (MCA) 45-2-101(37), discharge a firearm on state lands or discharge a firearm within a quarter mile of an inhabited dwelling or of an outbuilding in close proximity to an inhabited dwelling without permission of an inhabitant.”
Discharge of a firearm is also prohibited on state lease properties. According to Administrative Rule 36.25.150 all home site and cabin site leases are closed to general recreational use including hunting. The current cabin site lease forum 6.1 states, “The use of firearms or fireworks is not permitted on the Lease Premises.”
Montana Department of Natural Resources and Conservation (DNRC) Clearwater Unit Manager Kristen Baker-Dickinson said that the DNRC may post a “No Discharge of Firearms” restriction on areas that are open to general recreation use where it is determined that firearm discharge poses a safety hazard. There are two areas that have permanent restrictions. These are state lands in T15W R12W Section 16 and T16N, R15W Section 12. DNRC can include more tracts, if warranted.
“In the state of Montana it is legal to shoot anywhere unless otherwise prohibited,” said Missoula County Sheriff’s Deputy Sunderland. “[Because Seeley Lake is not incorporated] It is free game here unless shooting in an unsafe direction towards houses, vehicles, people or any circumstances that would put somebody at risk of serious bodily injury or death.”
Sunderland said there are two state laws that can be enforced regarding the discharge of a firearm, criminal endangerment and negligent endangerment. Criminal endangerment is an intentional act and is a felony. Negligent endangerment is a misdemeanor where someone discharged a firearm that is not meaning to hurt someone but the actions could hurt someone.
For additional questions regarding DNRC lands in the Seeley Lake area, contact the DNRC Clearwater Unit office, 244-2381.
Seeley Lake
Sunderland said that in town there really is not a safe direction. There are also other factors that play into this, including the Seeley Lake Game Preserve.
Hunting is illegal in the Seeley Lake Game Preserve. The game preserve, located north of Riverview Drive, encompasses the land between Boy Scout Road and Highway 83 around Seeley Lake and goes north to the Canoe Trail access just north of the Seeley Lake Ranger Station. Anyone living within the preserve can have weapons within their homes but they cannot hunt on their property. Montana Fish, Wildlife and Parks Game Warden Bill Koppen said it is illegal to walk with a firearm in the game preserve.
On the Double Arrow Ranch, Sunderland said that houses are sparse enough to allow for safe directions to shoot. In those cases, it is not illegal to shoot or hunt on someone’s personal property.
However, discharging a firearm is against the Double Arrow Landowners Owners Association (DARLOA) covenants for all phases defined in Article VIII Section 14. If someone is shooting or hunting on their property, it should be reported to the board and it becomes a civil matter.
“I think since Seeley Lake is not incorporated, Double Arrow needs to go through the county, and get a county ordinance for no shooting on [the ranch]. Then the county deputies could enforce it, I could enforce it and highway patrol could enforce it,” said Koppen.
Sunderland said that it is Montana and people will hear gunshots. However, if it is in a populated area, he encourages people to call the Sheriff’s Office and they will investigate it and determine if there is anything criminally wrong with the scenario.
Robinson thinks that the enforceable, legal violations are only part of the problem.
“Since I’ve been in Seeley since 2006 I’ve seen a lot of ethical violations,” said Robinson. Robinson listed people shooting holes in vehicles because they shot on or across a road or from a vehicle (which are also legal issues), shooting deer on the Seeley-Swan High School football field and Double Arrow Golf Course and shooting bear in the middle of town. “This is shooting not hunting. These are things that really bother me.”
“My best advice to people is it’s just not a good idea to shoot in town,” said Sunderland. “Is it illegal? No, but you are running a huge risk of hurting someone or possibly killing them. People are held accountable for the bullets they shoot. They need to weigh the benefit of shooting that firearm against the risk.”
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