PEOPLE UPSET AT ARRESTS FOR VIOLATING PARK GUN LAW

When National Park Service officials handed out 10 citations for violations of federal gun regulations during the 1996 fall hunting season in the Ozark Scenic Riverways Park area, it triggered some unhappy citizen response.

"We usually give out about two to three tickets a year for these violations," said park supertindent Ben Clary. "But last year, we established a check station in the Big Springs area, and this led to observance of more violations."

Most of the violations were for carrying loaded weapons (guns) inside a motor vehicle in the National Park.

"We do allow hunting in the area, but people are not permitted to carry loaded guns in their vehicles," said Clary.

Most of the violations took place in the Big Springs area, in the vicinity of Highways 103 and Z.

Some residents of the area claim federal agents imposed search and seizure operations on roads that pass through privately owned land.

The agents, they say, searched for guns uncased or disassembled.

"The guns were seized, and citations written," said James N. Pender of Van Buren. "They do this even if the gun is not concealed."

Pender contends the state has no cased gun law, and citizens have the right to carry unconcealed guns in their vehicles on Missouri state and county roads."

Clary explains:

"There is a federal regulation about carry loaded weapons in a vehicle inside a national park service area," he said. "And we didn't get into the cased or disassembled part of the regulations last year."

As a general rule, the federal rangers are not out looking for this type of violation, said Clary, adding that "if we see someone with a gun not cased, we stop them and ask if the gun is loaded."

If the guns are loaded, a citation is issued ... and when a citation is issued, the gun is confiscated until the fine is paid or the case is disposed in court, Clary said.

"The only time a vehicle was stopped was when it was on roads within park jurisdiction," said Clary. "We did not issue any tickets on roads surrounded on both sides by private property."

Violators have a choice when they are ticketed, said Clary. "They can appear in magistrate court and plea guilty or not guilty."

Or, said Clary, they can send a payment for the fine to the Central Violations Bureau at Atlanta.

The closest U.S. magistrate is in Cape Girardeau, said Clary. Most of the violators just send their fines to Atlanta.

Once the fine is paid, the Atlanta bureau notifies park officials, who in turn notify the people whose guns were confiscated.

"At that time, we return the weapon," said Clary.

Last year's check station was set up with the county sheriff's department and the Missouri Department of Conservation, said Clary.

"I get disturbed when the government plays with my rights," said Pender.

In a letter to a local newspaper, Pender questioned the tactics of the park officials.

"Without permission of the Carter County Commission, U.S. Park Service officials have conducted constitutionally questionable search-and-seizure operations on some portion of the roads," Pender wrote. "Some of the roads were state roads and county maintained. The road passed through some federal land and some private land."

Pender continued that the federal agents searched for and confiscated guns if the weapons were not in a case or disassembled.

"I contend that in Missouri, you can carry your gun without having it cased," he said. "We have no Missouri law on cased guns. And citizens have the right to carry unconcealed guns in their vehicles on Missouri state and county roads."

The Code of Federal Regulations for parks, forest and public property, are as follows, and are usually posted on roads where they apply:

"Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited.

"Unloaded weapons may be possessed in a mechanical mode of conveyance when such implements are rendered temporarily inoperable, or are packed, cased or stored in a manner that will prevent their ready use."