Tuesday should have been a big day for the Fort Devens Rifle & Pistol Club, Inc. After a legal battle that lasted three years, the civilian gun club members were about to return to the ranges of Fort Devens for a day of shooting and camaraderie.
The small club had won their lawsuit against the Fort. It had sued officials for violating federal law granting them access to military rifle ranges at reasonable rates, as well as violating their members’ constitutional rights to due process and equal protection under the law.
The club members were thrilled to go back to the Fort. One drove more than two hours from Cape Cod to get there. However, not a single member was able to fire so much as a round.
According to new legal documents not yet filed by the gun club, which may seek a contempt order from the judge, Fort Devens commander, Lt. Col. Carlos Poventud-Estrada, and a civilian Department of Defense lawyer, John Hollis, are personally responsible for ruining their range day.
The documents allege that the two officials . . .
…intentionally and deliberately ignored, undermined, and disregarded this Court’s March 20, 2025 Judgment and Order and has interposed upon plaintiff and its members contrived and arbitrary new conditions and requirements in a concerted effort to keep plaintiff off defendant’s firing ranges, including the absolutely outrageous misconduct it perpetrated upon plaintiff and plaintiff’s members on May 13, 2025.
The gun club may also seek the court to order U.S. Marshals to enforce the judge’s order “at the disobedient party’s expense.”
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The club’s new court documents, which have not yet been filed, accuse both Hollis and the Fort’s commander of “imposing serial artificial, contrived, and non-sensical conditions and barriers in a transparent effort to prevent the Club from using Fort Devens firing ranges.”
These are nearly the same allegations contained in the gun club’s original lawsuit, which accused the Army staff of violating 10 U.S.C § 7409 by attempting to charge unreasonable and exorbitant range fees; violating 36 U.S.C § 40727 by failing to provide logistical support to a certified affiliate of the Civilian Marksmanship Program; violating 5 U.S.C. § 552 by failing to provide documents sought in a FOIA request, as well as violating the plaintiffs’ constitutional rights of due process and equal protection and treatment under the law.
Prior to 9/11, the club hosted many shooting events including Northeast High Power League Rifle matches and the annual Colt Cup Match. After the terrorist attacks, the Fort began limiting the number of privately owned vehicles permitted on post, and refused to grant the club access on weekends, which killed the matches and severely reduced club membership.
Prior to the lawsuit, members were only allowed to shoot twice a month, usually Tuesday mornings—one day for rifles, one for pistols.
In a brief interview Wednesday, Gettens blamed the Fort’s actions on the club’s lawsuit.
They should immediately file a motion for a Show Cause order, requiring the base commander and DoD attorney to personally appear and show cause why they should not be held in contempt.
Relevant portion of the Court’s ruling:
Until such time that the Army can arrive at a reasonable fee for the Club’s use of the Army’s firing ranges consistent with the adopted R&R and can demonstrate the reasonableness of such fee—which will necessarily entail providing a breakdown of actual expenses in material and supply costs attributable to a non-DOD entity’s use of the firing ranges and an explanation as to how the fee was calculated—the Club is restored to its original position prior to October 2020, such that the Club’s members will be granted access to the firing ranges at no charge.
It appears to me that the base commander and DoD counsel are in clear violation of the last clause. They haven’t come up with the required report, and thus the order was that “the Club’s members will be granted access to the firing ranges at no charge.” They clearly did not do so.
That’s EXACTLY what we plan to do during the week of 19 May to 23 May. Motion for a Finding and Order of Contempt Under Fed.R.Civ.P 70; Memorandum of Law; and supporting Affidavit with attachments thereto are already done in draft form. Hollis and the Garrison Commander are fingered explicitly.
Jim Gettens
Treasurer, Ft. Devens Rifle & Pistol Club, Inc.
It figures- Ft Devens is in Massachusetts. John Adams is probably spinning in his grave.
Just relieve him. End of problem!
I see a court-martial in the Commander’s future