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$6 million suit against gun club for '06 fire The California Department of Forestry and Fire Protection seeks more than $6.3 million in a lawsuit against the Weaverville Rod & Gun Club and individuals in the club for Cal Fire's costs in fighting and investigating the 2006 Junction Fire that started at the Junction City Rifle Range. The July 29, 2006, Junction Fire started during an NRA-sanctioned service rifle shoot held at the range. The fire burned 3,126 acres of Bureau of Land Management, U.S. Forest Service and private lands, and it destroyed one residential structure. The range is on BLM land leased by the county. In addition to use by the gun club and the public, Trinity County deputies use the range for target practice. The complaint filed through the state Attorney General's Office at the Trinity County Courthouse alleges that the gun club was negligent in failing to maintain dry brush at the range. It also refers to negligent firing of "illegal incendiary tracer rounds and/or full-metal jacketed rounds into, or adjacent to, dry vegetation during fire season." While that "and/or" statement contains some ambiguity, a part of the complaint specifically naming club member Raymond Harris states that Harris's son "fired ammunition commonly known as tracer or incendiary ammunition into a dry brush-covered area," and that Harris gave him the ammunition. It also states that Harris, as the designated range master, should not have been participating in the rifle shoot. Harris adamantly denies any use of tracer rounds, which are illegal in California. "I'm telling you and I'm telling everybody else, I would never allow tracer rounds to be fired," he said. Harris added that his home was searched after the fire and there was nothing to support the allegation - just something vague about a microscopic paint chip on a used firearm he bought that "could have been" consistent with red tips of incendiary rounds. He noted that he has not been criminally charged. It's true, he said, that fullmetal jacketed ammunition was used (not armor piercing), and this is consistent with a military service rifle shoot. "I was broken-hearted when they came and searched my house," Harris said. Harris said his impression was that the investigator believed a metal-jacketed bullet struck an iron-ore rock that shattered and went into grass. Harris said other people not involved in the rifle shoot were at the pistol and shotgun ranges just prior to the fire, but he did not know who they were. He also contends that shattered glass found at the scene could have acted as a magnifying glass. Harris and other club members contacted early this week said they were not aware that the July 28 complaint had been filed, although the club had received a bill from Cal Fire. The defendants will have 30 days after papers are served on them to file a written response to the court. "We maintain that range all year long," said gun club President Ron Kasper, adding that Cal Fire was sent a letter documenting the work to remove brush. Kasper was not present during the rifle shoot when the fire started, but said he is confident that tracer rounds were not used in a club match. Regarding any evidence of tracer rounds at the scene, he noted that the range is open to the public, not just gun club members. "We'll go ahead and they can take us to court," Kasper said. "If they're saying we're negligent, I guess it's up to them to prove we're negligent." He said the gun club does have insurance. In addition to monetary damages, Cal Fire seeks an injunction prohibiting the use of full-metal-jacket ammunition during fire season on lands controlled by the Weaverville Rod & Gun Club. The Sheriff's Department uses the range for target practice. Sheriff Lorrac Craig said that while "we would never use tracers on a range, we use jacketed bullets also."
The state Attorney General's Office did not return a call for comment made on Monday.
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