New govt attack on gun ranges - second amendment threaten

This is a discussion on New govt attack on gun ranges - second amendment threaten within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; ----- Original Message ----- From: "Gary Marbut-MSSA" <mssa@mtssa.org> To: <mssa@mtssa.org> Sent: Thursday, February 05, 2009 5:33 PM Subject: OSHA, lead and Montana shooting ranges > ...

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    New govt attack on gun ranges - second amendment threaten

    ----- Original Message -----
    From: "Gary Marbut-MSSA" <mssa@mtssa.org>
    To: <mssa@mtssa.org>
    Sent: Thursday, February 05, 2009 5:33 PM
    Subject: OSHA, lead and Montana shooting ranges


    > Dear MSSA Friends,
    >
    > Because of recent reports of OSHA interest in inspecting Montana
    > ranges for lead pollution, I've written some information about that,
    > posted below.
    >
    > I will soon get this up on the MSSA Website as well.
    >
    > Best wishes,
    >
    > Gary Marbut, president
    > Montana Shooting Sports Association
    > Montana Shooting Sports Association
    > author, Gun Laws of Montana
    > Gun Laws of Montana
    >
    > ============================
    >
    > OSHA and Montana Shooting Ranges
    >
    > (February 5, 2009)
    >
    > The "Area Director" for the Occupational Safety and Health
    > Administration (OHSA) located in Billings has recently sent
    > correspondence to more than one range-operating gun group in
    > Montana. They are asking to inspect the club's facilities for
    > compliance with federal regulations regarding lead pollution. The
    > letters seen so far have been addressed to "Indoor Firing Range Employer."
    >
    > If your club receives such a letter, how should you respond?
    >
    > If your club doesn't have an indoor range, you should respond, by
    > mail, return receipt requested, informing the sender that you do not
    > have or maintain an indoor range - nothing more.
    >
    > If your club doesn't have any employees, you should respond, by mail,
    > return receipt requested, informing the sender that you do not have
    > any employees - nothing more.
    >
    > Having employees triggers OSHA's authority. No employees, no authority.
    >
    > There are reports that teams of two OSHA employees may attempt to
    > crowd their way into a facility using bluster or innocuous comments
    > such as "We just want to look around." If they are allowed in, they
    > will inspect every inch of the facility trying to uncover
    > violations. One will take LOTS of photographs while the other hunts
    > for possible violations.
    >
    > Because of this intrusiveness and the "fishing expedition" nature of
    > these visits, it is recommended that you NOT give them permission to
    > enter your facility unless they have a court order. If their
    > authority over your facility is genuine, they will be able to get a
    > court order. Otherwise not.
    >
    > If OHSA personnel should subsequently return with a court order, the
    > personnel should absolutely be limited to inspecting ONLY that which
    > is listed on the court order. Any court order should specify what
    > they may inspect. Any documents that are not identified on their
    > face as coming from a court are not a court order. A valid court
    > order should have the name and location of the issuing court, an
    > original signature by the issuing judge or magistrate, and should
    > narrowly specify what the personnel are allowed to inspect.
    >
    > Whatever paperwork is presented, you should ask for a copy of what is
    > offered. If the visiting personnel did not bring copies for you, you
    > should ask to run the papers offered through your copy
    > machine. Also, these visiting OSHA personnel should possess
    > government-issued, photo ID cards that identify them specifically as
    > OSHA personnel having inspection/enforcement powers and duties. It
    > is recommended that you record all information on any IDs presented,
    > photocopy if you can.
    >
    > Whether indoor or outdoor, all Montana shooting ranges are advised to
    > be cautious about having employees. Again, having employees is what
    > gives OSHA authority and access to your facility. If your club
    > reimburses any club officers or members for materials provided for
    > your range, be sure to mark the paying check as a reimbursement and
    > be sure the payment goes on your books that way. If your club is
    > paying anyone providing services at your range, make sure that that
    > person is operating as an "independent contractor." Talk to a local
    > CPA about what that means and how your club should arrange the work
    > and arrange to pay the contractor for that person to qualify as an
    > "independent contractor" (or "outside service").
    >
    > If your club has an indoor range AND documentable employees AND gets
    > a letter from OSHA wanting to inspect your facility, it is
    > recommended that you contact Eric Smart of MCS Environmental in
    > Missoula at 728-7755. Eric is a longtime and dedicated shooter and
    > hunter, and is more familiar with OSHA regulations and procedures
    > than you want to become. Environmental consulting and remediation
    > are Eric's business - that's how he makes his living. So, if you
    > need him, don't be surprised that he charges you for his service, but
    > remember that he is your friend and knows a lot about this issue.
    >
    > If your club gets to the point where it needs legal assistance to
    > resolve any OSHA problems, call Lee Bruner of Butte, an attorney with
    > Poore, Roth and Robinson, at 497-1200. Remember that this is also
    > Lee's business, so don't expect to call him and visit at length
    > without a bill. You negotiate that with Lee. His time is
    > valuable. However, Lee is also a dedicated shooter and hunter and
    > has been willing to study up on the OSHA/lead issue. So you don't
    > have to wonder if he's on your side and you don't have to pay his
    > time to get generally up to speed about OSHA and lead.
    >
    > Jim McDonald of Missoula is on the Board of the organization that
    > owns the Deer Creek Shooting Center. Because Jim owns a
    > manufacturing business, he also has experience with OSHA. He is
    > willing to receive calls at 251-3800 x 2222 about OSHA and ranges.
    >
    > For any other shooting range issues, explore the "Shooting Ranges"
    > portion of the Montana Shooting Sports Association website at
    > Montana Shooting Sports Association or send an email to MSSA at: mssa AT mtssa.org.
    >
    >

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