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Firing range owner sues Fish and Game chief
Union Leader ^ | Nov 23 2001 | NANCY MEERSMAN

Posted on 11/23/2001 1:50:10 AM PST by 2Trievers

The owner of a Manchester firing range is suing the Fish and Game Department’s top law enforcement official alleging he defamed him by calling him a "criminal."

James L. McLoud, owner of the Manchester Firing Line Range (formerly Wolfs Range), alleges Col. Ronald P. Alie embarrassed him in front of legislators, gun enthusiasts and people in the law enforcement community with whom he has business dealings.

The incident allegedly occurred after a State House hearing in March on a firearms bill McLoud supported.

The firing range owner said he has never been convicted of a crime, but he was wrongly arrested by Fish and Game several years ago and the case was thrown out of court.

“This irritated Fish and Game so badly they will do anything to slander me,” McLoud said. “They did not tell the truth, including in the court case . . . I think that’s why the judge threw it out.”

The lawsuit filed in Hillsborough County Superior Court alleges Alie described McLoud as “nothing but a criminal on the loose” and accused him of illegal night hunting.

“Our position very clearly is that when you accuse someone of being a criminal who is in a regulated business involving firearms, it is highly defamatory,” said McLoud’s lawyer, Charles G. Douglas III.

Alie denied the accusations through his attorney.

“The allegations regarding the defendant are denied,” said Richard Head of the Environmental Protection Bureau in the Attorney General’s Office, who pointed out that the case was in the initial stages.

“We are in the process of investigating what the claim is, as well as the events of 1996 that gave rise to Mr. McLoud’s arrest,” Head said. “All of those issues are going to be raised in defense of the claims brought by Mr. McLoud.”

According to the lawsuit, McLoud’s clash with Fish and Game began Nov. 14, 1996, when he dropped off firearms at a relative’s home in Meredith. McLoud and his uncle drove to Meredith Neck to observe deer with night-vision goggles. Neither had any firearms of any type with them, the lawsuit says.

Fish and Game officers who were conducting a night-hunting sting pulled the car over and one of the officers placed a gun to McLoud’s temple, the suit says.

McLoud was arrested “based on the officers’ erroneous presumption that Mr. McLoud had earlier that evening shot a rifle at a mechanical decoy deer used in the night-hunting sting operation.”

Fish and Game officers seized the firearms from McLoud’s uncle’s home. Among them was a “temporarily modified” Thompson Center Contender handgun.

The lawsuit says an officer test fired it and concluded the sound the weapon made was the same as the shot he heard when someone fired at the decoy deer earlier that night.

The lawsuit says the officers offered McLoud a deal. He would get his gun back if he pleaded guilty to a misdemeanor, paid a $50 fine, lost his license for 6 to 12 months and gave Fish and Game the expensive night scope attached to the gun.

When McLoud rejected the deal, he was charged with illegal use of a silencing device, trespass, illegal night hunting and carrying a loaded firearm on a public highway.

A judge found the Thompson Contender was illegally seized and couldn’t be used as evidence. The charges were dismissed.

Nevertheless, the state petitioned for forfeiture of McLoud’s sound suppresser, the gun and the night vision device. The court, according to McLoud’s lawsuit, found the sound suppresser was contraband and ordered McLoud to forfeit it, and also the gun and the night vision equipment.

The March 27, 2001, legislative hearing that prompted Alie’s alleged outburst dealt with a bill to change the legal definition of which firearm silencers are contraband.

McLoud told The Union Leader the remarks were made in front of people he had encouraged to come to the legislative hearing to speak in favor of the bill.

He says as a licensed gun manufacturer he makes sound suppressers and other equipment for police officers, and he is allowed to have them.

Referring to the forfeiture of his equipment, McLoud said, “They seized it as contraband. It was not contraband. I had over a hundred of those items as inventory,” he said.

McLoud says the officers coveted the night-vision equipment because they couldn’t get state funding to buy it.

“I was willing to just get my equipment back and go away,” McLoud said. “They only had to swallow their pride, but they’re so pompous they can’t do that.”


TOPICS: Culture/Society; News/Current Events
KEYWORDS: banglist
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To: Chad Fairbanks
Last talk I had with a game warden I was just shooting the breeze about some stocking they had done in my area. I'm in a rural area and own good game cover. I mentioned the only thing I usually killed was CopperHeads I found on my property. He seriously looked at me and said they are protected. I said not when I find them on my land their not.
21 posted on 11/23/2001 12:57:56 PM PST by cva66snipe
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To: 2Trievers
The lawsuit says an officer test fired it and concluded the sound the weapon made was the same as the shot he heard when someone fired at the decoy deer earlier that night.

Now THAT's funny! Can't you just see this guy's lawyer wetting his pants with glee as he reads this?

22 posted on 11/23/2001 5:14:27 PM PST by sneakypete
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To: sneakypete
LOL

Hope he sues. Hope he wins!

23 posted on 11/23/2001 5:24:31 PM PST by 2Trievers
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To: George Smiley
"Truth is stranger than fiction."

Was he named by Mel Brooks? ("It's not a joke name! Bigus Dickus is a fwend of mine!")

It's always a mistake to put someone with a name like that in any position of authority. Unless he's been lobotomized, you know he's got an axe to grind that ain't never gonna be done. The guy's got to be a walking talking grudge on wheels. Ref. "A Boy Named Sue", J. Cash, for details of the principle.

24 posted on 11/23/2001 7:10:36 PM PST by Don Joe
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To: nunya bidness
"You made milk shoot out of my nose."

I hope you weren't using night vision equipment at the time. Mr. "Head" is on this thread!

25 posted on 11/23/2001 7:13:30 PM PST by Don Joe
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To: Don Joe
Hey DJ

How are we going to find out who this mysterious Mr. Head is?

26 posted on 11/23/2001 8:02:33 PM PST by 2Trievers
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To: 2Trievers
How are we going to find out who this mysterious Mr. Head is?

I dunno,maybe have a team of investigators follow his brother Potato around to see if they lead him to Richard?

27 posted on 11/23/2001 10:47:31 PM PST by sneakypete
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To: Mercuria

28 posted on 11/24/2001 12:40:53 AM PST by Brownie74
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Well this should be said. I live in Indiana, and have hunted a fished here since age 7. I have had several encounters with DNR officers, and for the most part they have been very civil and fair with me. One time (the only time ) I was asked to produce my hunting permit, and of course I had left it at home! I could have been arrested, instead the officer told me to call in the permit number when I got home. Try that with a State Trooper! My impression is that here in Indiana, Conservation Officers are pro-hunter.
29 posted on 11/24/2001 1:02:46 AM PST by M.K. Borders
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To: M.K. Borders
I live in Alabama where hunting and fishing are big business. A friend of mine had always wanted to be a game warden and had once stated that they have more power than any other law enforcement official. Lo and behold, his five year application process was finally successful and he was offered the job. One catch was that he couldn't work in his home county (or adjoining ones) for several years. He and his wife moved to Podunk, Alabama giving up their excellent jobs and incomes for this $22,000 per year fantasy.

On one visit to Podunk, he asked my husband and I if we would like to join him on a late evening stakeout with his decoy. Now decoys are not to be over six points here, as some judge considered placing a fake 12-pointer, on the side of any road, major entrapment. He placed the largest 6-pointer (I'm talking Boone and Crockett) I've ever seen on the side of the road and we basically played hide and wait. He was pumped. Several cars slowed down and a few even turned around for a return trip. Thankfully, no one shot at the decoy. During our 'stake-out' he described some of the authority granted to game wardens in our state. They can seize your vehicle, guns, and any property you have in your vehicle at their whim. I was almost scary. We basically decided to believe his new stance - that he was far superior to us - and our friendship has waned over the years. No big loss.

30 posted on 11/24/2001 1:49:09 AM PST by Quilla
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To: Quilla
Yes we have basicly the same laws here in Indiana. But hey are applied to people who violate the law, not hunters of deer.
31 posted on 11/24/2001 1:53:25 AM PST by M.K. Borders
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To: marktwain
They aren't called Wardens for nothing, don't you know. Blackbird.
32 posted on 11/24/2001 2:16:09 AM PST by BlackbirdSST
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To: M.K. Borders
Well this should be said. I live in Indiana, and have hunted a fished here since age 7....My impression is that here in Indiana, Conservation Officers are pro-hunter.

As with most law enforcement agencies and groups, there are good ones and bad ones, though my impression of the IDNR cops was that there were an awful lot of political hacks among their number. A couple of years back, one made the mistake of reaching for his handgun while *inspecting* a rowboat with a couple of fishermen in it on the Illinois side of the Wabash River- who happened to be feds working a stakeout, and the Indiana D.N.R. cop not only found himself facing a pair of DEA 9mm submachineguns, but they took him into custody for criminal assault and handcuffed him like any other criminal- though the local Illinois State's Attorney declined to press the case against the Hoosier possum cop. A photo of the *suspect in custody* made its way to an area newspaper however, and I suspect that the bigshot game warden now also has a sufficient NADDIS file at DEA to keep him from ever gaining any real position of authority in a law enforcement job again.

But most of the problems in Indiana's D.N.R. seemed to come from the top, as when Governor Evan Bayh's appointee Patrick Ralston ran the I.D.N.R. as his personal kingdom through the 1980s and '90s. Ever wonder why the IDNR could only keep three female Conservation Officers until Ralston left? Perhaps there's a answer to be found in the story about at least one of Pat Ralston's own poaching incidents, to be found *here*.

33 posted on 11/26/2001 9:38:50 AM PST by archy
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To: Mercuria
Richard Head.

Huh huh, huh... His friends call him Dick. Huh huh..

34 posted on 11/27/2001 12:55:40 AM PST by StoneColdGOP
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