Text Of S. 1249 – Targert Practice And Marksmanship Training Support Act – Finally Released

The Target Practice and Marksmanship Training Support Act of 2011 was introduced by Sen. Mark Udall (D-CO) on June 22nd.

Former Rep. Betsy Markey (D-CO-4) introduced a very similar bill in the 111th Congress. That bill, H. 3781, never made it out of committee.

This bill has the support of the National Shooting Sports Foundation which is a bit change from earlier years. As Michael Bane said in a blog post, this is a recognition that Gun Culture v. 2.0 will be the future of the shooting sports. He also notes that our enemies know that if they can deprive us of a place to shoot, they can limit our growth.

This is HUGE! One of the baseline strategies of our enemies — perhaps the only one that has been working, BTW — has been to deprive us of places to shoot. A significant amount of revenue flowing into range development, coupled with pushing federal land management agencies to allow land for ranges (a big issue here in Colorado), is a very important start.

This is a good bill that deserves our support. Increasing places to shoot – especially free or low cost ones – is critical if we want to introduce new people to shooting. The days of shooting in your back yard are over in most places throughout the United States. While the bulk of open lands are in the western United States, there are quite a  number of National Forests east of the Mississippi. Moreover, the bill would allow support for public ranges on non-Federal land so state, county, and municipal lands could also be used for ranges.

The text of S. 1249 was finally released and can be seen below.

112th CONGRESS

1st Session

S. 1249

To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States.

IN THE SENATE OF THE UNITED STATES

June 22, 2011

Mr. UDALL of Colorado (for himself, Mr. RISCH, Mr. TESTER, and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Target Practice and Marksmanship Training Support Act’.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings- Congress finds that–

(1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;

(2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons;

(3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;

(4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help–

(A) to promote enjoyment of shooting, recreational, and hunting activities; and

(B) to ensure safe and convenient locations for those activities;

(5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and

(6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.

(b) Purpose- The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.

SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.

In this Act, the term `public target range’ means a specific location that–

(1) is identified by a governmental agency for recreational shooting;

(2) is open to the public;

(3) may be supervised; and

(4) may accommodate archery or rifle, pistol, or shotgun shooting.

SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

(a) Definitions- Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended–

(1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and

(2) by inserting after paragraph (1) the following:

`(2) the term `public target range’ means a specific location that–

`(A) is identified by a governmental agency for recreational shooting;

`(B) is open to the public;

`(C) may be supervised; and

`(D) may accommodate archery or rifle, pistol, or shotgun shooting;’.

(b) Expenditures for Management of Wildlife Areas and Resources- Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended–

(1) by striking `(b) Each State’ and inserting the following:

`(b) Expenditures for Management of Wildlife Areas and Resources-

`(1) IN GENERAL- Except as provided in paragraph (2), each State’;

(2) in paragraph (1) (as so designated), by striking `construction, operation,’ and inserting `operation’;

(3) in the second sentence, by striking `The non-Federal share’ and inserting the following:

`(3) NON-FEDERAL SHARE- The non-Federal share’;

(4) in the third sentence, by striking `The Secretary’ and inserting the following:

`(4) REGULATIONS- The Secretary’; and

(5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:

`(2) EXCEPTION- Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.’.

(c) Firearm and Bow Hunter Education and Safety Program Grants- Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h-1) is amended–

(1) in subsection (a), by adding at the end the following:

`(3) ALLOCATION OF ADDITIONAL AMOUNTS- Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.’;

(2) by striking subsection (b) and inserting the following:

`(b) Cost Sharing-

`(1) IN GENERAL- Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.

`(2) PUBLIC TARGET RANGE CONSTRUCTION OR EXPANSION- The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.’; and

(3) in subsection (c)(1)–

(A) by striking `Amounts made’ and inserting the following:

`(A) IN GENERAL- Except as provided in subparagraph (B), amounts made’; and

(B) by adding at the end the following:

`(B) EXCEPTION- Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.’.

SEC. 5. LIMITS ON LIABILITY.

(a) Discretionary Function- For purposes of chapter 171 of title 28, United States Code (commonly referred to as the `Federal Tort Claims Act’), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function.

(b) Civil Action or Claims- Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is–

(1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or

(2) located on Federal land.

SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.

It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

Kirsten Powers Is An Airhead

Fox viewers voted that they wanted the topic of Fox’s Friday Lightning Round to be about Operation Fast and Furious. The panelists included Jonah Goldberg from the National Review, Democrat political analyst Kristen Power, and syndicated columnist Charles Krauthammer. It was moderated by Bret Baier.

Goldberg, Baier, and Krauthammer made some good points. Goldberg pointed out that if the economy wasn’t so much in the tank and the unemployment rate at 9.2% this would be getting a lot more press. Krauthammer opined that he thought this will continue on into the fall and become an “Autumn Scandal” as well as a summer scandal. Baier continued to bring up the Tampa Field Division and their involvement in walking guns to MS-13 in Honduras.

FoxNews has a lot of attractive and smart blondes on their network. Kirsten Powers is not one of them. I realize that Kirsten Powers’ main role for Fox is to spout the official Democrat Party line. That said, she comes across like an airhead whose sole goal was to deflect attention from Eric Holder and try to make the story about Rep. Darrell Issa. She was totally unbelievable and displayed incredible ignorance about the whole scandal. I guess I should be happy because it showed just how weak the arguments being put out by the White House and the Democrat Party really are.

Watch the latest video at video.foxnews.com

Hey! I Know That “Online Journalist”

Mike Vanderboegh was interviewed for a report on FoxNews that appeared on Special Report with Bret Baier this evening. He discussed the expansion of Project Gunwalker to Tampa and Houston. Mike appears at the :48 mark and the 1:21 mark. From what Mike said on his blog, his actual interview was a half hour and it was distilled down to this.

Rather than identifying Mike as a blogger, the caption under his name was “Online Journalist”. Whatever floats Fox’s boat. While I think blogger is a perfectly good and honorable title (and one I like), if I had to choose a fancy title for myself I think I’ll go with “Online Commentator”.

Watch the latest video at <a href=”http://video.foxnews.com”>video.foxnews.com</a>

And Then There Was Only One

Illinois is now the only state left that does not have some form of concealed carry or any carry for that matter.

Gov. Scott Walker (R-WI) signed SB 93 today in Wausau, Wisconsin which approved concealed carry for those in the Badger State. From the NRA-ILA who was there along with NRA Exec. VP Wayne LaPierre:

Fairfax, VA. – Today, National Rifle Association (NRA) Executive Vice President Wayne LaPierre and the NRA’s Institute for Legislative Action Executive Director Chris W. Cox joined Governor Scott Walker as he signed the Wisconsin Personal Protection Act into law. This makes Wisconsin the 49th state to give law-abiding citizens an option to carry a concealed firearm for personal protection.

“For everyday crime victims, Right-to-Carry is the difference between no chance and a fighting chance. That is why the NRA’s commitment to freedom, the Second Amendment and the self-defense rights of good people everywhere never wavers,” said LaPierre. “Today’s signing ceremony is proof of the value of the hard work, dedication and perseverance of NRA members in Wisconsin.”

“This is an historic day for the Right-to-Carry effort not only in Wisconsin, but across the country,” said Cox. “The fundamental, individual, God-given right to self-defense must be respected. I’d like to thank Senators Galloway and Zipperer, Reps. Mursau and Suder and Gov. Walker for their dedication to freedom.”
“By signing concealed carry into law today, we are making Wisconsin safer for all responsible, law abiding citizens,” said Gov. Walker.

“I would like to thank the NRA for all their hard work over the past 10 years—they never gave up the fight for Wisconsinites to defend themselves,” said Sen. Pam Galloway. “While we were both disappointed that Constitutional Carry did not have the necessary support in the legislature to pass this year, we know that SB 93 represents one of the most freedom-oriented licensing laws in the entire country and it’s a tremendous first step toward our ultimate goal of adopting Constitutional Carry in the Badger State. I look forward to continuing this battle alongside the proud members of NRA.”

Both chambers of the Wisconsin legislature voted to approve one of the nation’s strongest Right-to-Carry bills by solid bipartisan margins. Today’s signing of the Wisconsin Personal Protection Act into law leaves Illinois as the only state that provides no way for its citizens to carry firearms for self-protection outside their homes or places of business.

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Help Sean Buy A Kriss Vector

Sean Sorrentino who blogs at An NC Gun Blog recently made a comment here that went viral. David Codrea of the WarOnGuns Blog and the National Gun Rights Examiner thought his comment would be perfect on a T-shirt and came up with a mocked-up one.

Sean has decided to run with it.

You can order the T-shirt on Sean’s blog. They are only $15 plus $5 shipping which is good deal.

So order a T-shirt today and help Sean buy a Kriss Vector. He really, really wants one after having shot it at the Lucky Gunner Blogger Shoot. In the meantime you will be sticking it in the face of Rep. Elijah Cummings and the others in the gun control industry who want to make this scandal a call for more gun control.

TV Worth Watching!

David Codrea just sent out an alert that Mike Vanderboegh will be on FoxNews this evening. Mike will be appearing on Special Report with Bret Baier that airs at 6pm EDT.

From David on his War On Gun blog:

Vanderboegh is on his way to the local Fox News studio, wearing his Sunday boonie hat, to talk Tampa and more.

He called me up and asked how he should refer to me as, and I said I thought “youthful ward” was pretty cool (except I’m actually older than the youngster by a few months)…

It Mike is talking Gunwalker and Tampa it should be very interesting.

Quote Of The Day

Dave Hardy at Of Arms and the Law has an excellent analysis of Acting ATF Director Kenneth Melson’s interview with House Oversight Committee investigators and the timing of it. What makes Melson’s actions even more remarkable is this:

I’ve never heard of an agency head defecting, as it were. Closest think I can think of is John Dean, counsel to the President, meeting secretly with investigators during Watergate, and maybe “deep throat,” Mark Felt, who was Associate Director of the FBI, leaking to the press. And Watergate involved quite a bit less than running thousands of guns to the most violent criminals on earth with fatal results.

It is important to remember that both Watergate and Project Gunwalker involved the subversion of constitutional rights. The former involved the subversion of elections and the latter is an attempt to build support for the subversion of the Second Amendment. 

No one died because of Watergate. I wish we could say the same about Project Gunwalker.

Even Non-Gunnies Can See The Foolishness Of Chicago’s New Range Law

Eric Zorn is a columnist and blogger for the Chicago Tribune who writes the “Change of Subject” blog for the them. He readily acknowledges that he is not a shooter. He also recognizes that the Range Law passed by the Chicago City Council is an ugly monstrosity.

In a post entitled City misfires in passing new gun-range law Zorn skewers the City Council and the hastily passed ordinance. He calls the law and its passage a “legislative raspberry” that taunts the 7th Circuit Court of Appeals just after the city got slapped down in Ezell. It is a taunt because of all the inane burdensome rules contained within it.

In anticipation of Wednesday’s “stop-playing-silly-games” ruling, Ald. James Balcer, 11th, chair of the Public Safety Committee, introduced a 24-page ordinance that, technically, allows for the construction and operation of indoor gun ranges within the city limits.

I say “technically” because the restrictions the law places on those who want to open private gun ranges are so brazenly burdensome experts doubt anyone will even try.

The Chicago Law Department defended the high cost and onerous restrictions for ranges saying they reflect the costs of inspections and background checks. Moreover, they defended the location restrictions as consistent with other “adult-use” businesses. Alderman Balcer says the restrictions are all about safety because “gun ranges are very dangerous.” Zorn’s response?

If so, the city has offered no proof; no statistics or studies that support treating gun ranges as though they were noisy offal-processing plants instead of recreational facilities that simply require a lot of insulation.

I’m not a shooter, so why do I care?

First, because it seems to me like a good idea that those who do own guns are in practice and know how to aim their weapons.

Second, because I hate to see a city facing such huge debts passing laws that so flagrantly attempt to skirt the intent of the Supreme Court that they’re doomed to be overturned after expensive legal challenges.

This ordinance isn’t even too cute by half. It’s just ugly.

Zorn obviously inherited some power of reason from his mathematician grandfather. Too bad the members of the Chicago City Council and Mayor Rahm Emanuel weren’t so fortunate.

More “Fast And Furious” Guns Found In Arizona

ABC15 investigative reporter Lori Jean Gliha appears to be a really dogged investigator. That is good for the truth but bad for those in the Obama Administration that just want Project Gunwalker to go away.

By matching serial numbers from weapons on previously disclosed ATF documents with recently unsealed court documents in Federal drug cases in the Phoenix area, she was able to conclusively pin an additional 43 “gunwalked” firearms to arrested drug traffickers in Arizona. ATF Senior Agent John Dodson was correct in his bleak assessment that these guns are going to keep turning up at crime scenes for years.