FAA: Shooting range no danger to planes

BELLEVILLE — The Federal Aviation Administration has determined the Caseyville Rifle and Pistol Club, which is near Scott Air Force Base and MidAmerica St. Louis Airport, poses no danger to aircraft and people.

St. Clair County, however, disagrees. Which is why a lawyer for the county — which is seeking a court injunction to shut down the shooting range — has asked a county judge to toss out as evidence the FAA letter calling the shooting range safe.

Charles Swartout, the county attorney, last week filed an objection to the FAA letter. Swartout argued to Associate Judge Richard Aguirre the FAA letter is both "hearsay" and "irrelevant" because the airport under discussion is Scott Air Force Base, which is under the control of the U.S. Department of Defense and U.S. Air Force.

And since no information is provided about the FAA letter's parameters or foundation, the "interjection of the FAA's letter is only meant to mislead the court," Swartout wrote.

Randy Seper, the gun club president, disagreed with the Swartout's reasoning.

"How do you say that something from the FAA is not important?" Seper said. "That it's not relevant to someone claiming we're unsafe? I find it difficult to believe it won't have any bearing."

Seper defended the letter's authenticity.

"Do you really think we faked a letter from the FAA?" Seper said.

Al Richardson, an official with the FAA's Des Plaines office, concluded in a May 2008 letter the gun club had complied with agency rules regarding aircraft safety.

Richardson wrote that his agency had made a "determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground."

Last month, for the third time in six years, the St. Clair County Board voted to acquire the gun club, either through purchase or eminent domain proceedings.

Either way, the county would still have to pay the fair market price site, a proposition that could set the county back $1 million.

The board's resolution to seize the gun club stems from a ruling by a three-member panel of judges on the 5th District Appellate Court in Mount Vernon. The judges had ruled the county must refile its eminent domain lawsuit against the gun club.

In addition, the appellate panel had reversed a St. Clair County Circuit Court judge's decision dismissing a county lawsuit to halt activity at the gun range, which opened in March 2007.

As a result, the county lawsuit, or request for an injunction, must go to trial to determine if it endangers low-flying aircraft at Scott.

Seper, the gun club president, marveled at the fact the county's efforts to shutter and take over the gun club have dragged on for six years.

"I had never believed it could go on this long," he said. "I had never believed it could go on this many times."