HF 583

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

A bill for an act
relating to civil liability; providing immunity for certain firearms safety
instructors, course providers, sponsoring organizations, and participants;
amending Minnesota Statutes 2008, section 87A.01, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 87A; 604A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 87A.01, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

The definitions in this section apply to deleted text begin sections
87A.01 to 87A.08 deleted text end new text begin this chapter new text end .

Sec. 2.

new text begin [87A.09] PUBLIC SHOOTING RANGE; SAFETY INSTRUCTION FEE.
new text end

new text begin Any unit of state or local government that permits firearm safety training to be
conducted within its shooting range facility may charge a fee for the actual shooting range
maintenance costs imposed by the training, not to exceed $5 per participant per range use
day and, at its discretion, may accept volunteer labor and materials from course participants
or their sponsoring organization in lieu of the fee. "Range use day" means a day on which
a participant in an authorized firearm safety training program shoots at the range.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

new text begin [604A.36] FIREARMS SAFETY INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Certifying organization" means a public department, agency, or office with
responsibility for or oversight of firearms and firearms-related issues, or an established
not-for-profit organization with expertise and experience with firearms safety issues.
new text end

new text begin (c) "Qualified firearms safety instructor" means the instructor, assistant instructor,
or acting instructor of a firearms education and safety course or program who has been
certified by a certifying organization as a trained, knowledgeable, and responsible adult
qualified to provide firearms education and safety instruction to youth or adults.
new text end

new text begin (d) "Reasonable and accepted firearms safety principles and techniques" include, but
are not limited to, treating a firearm as if it is always loaded, safe handling and transport of
a firearm, and proper use of the firearm within diverse environmental surroundings.
new text end

new text begin Subd. 2. new text end

new text begin Qualified firearms safety instructor. new text end

new text begin (a) A qualified firearms safety
instructor is immune from liability resulting from (1) any death, injury, or damage that
occurs during the course of instruction as a result of the reasonable inherent risks of
firearms use, and (2) any firearms-related death, injury, or damage caused by a course
participant after completion of the course.
new text end

new text begin (b) This subdivision does not apply if the acts or omissions of the qualified firearms
safety instructor during the course of instruction demonstrate a willful or reckless
disregard for reasonable and accepted firearms safety principles and techniques. This
subdivision also does not apply if a claim against the qualified firearms safety instructor is
unrelated to the conduction of the firearms safety course.
new text end

new text begin Subd. 3. new text end

new text begin Certifying organization; course sponsor. new text end

new text begin (a) A certifying organization or
course sponsor, including an organization that permits a course to be conducted within
its facility, is immune from liability resulting from (1) any death, injury, or damage that
occurs during the course of instruction as a result of the reasonable inherent risks of
firearms use, and (2) any firearms-related death, injury, or damage caused by a course
participant after completion of the course.
new text end

new text begin (b) This subdivision does not apply if a claim against the certifying organization or
course sponsor resulting from the actions of a participant after completion of a course is
unrelated to the conduction of the firearms safety course.
new text end

new text begin Subd. 4. new text end

new text begin Course participant. new text end

new text begin (a) A registered course participant in a firearms safety
course taught by a qualified firearms safety instructor is immune from liability resulting
from any death, injury, or damage that occurs during the course of instruction as a result of
the reasonable inherent risks of firearms use.
new text end

new text begin (b) This subdivision does not apply if the acts or omissions of the course participant
demonstrate a willful or reckless disregard for reasonable and accepted firearms safety
principles and techniques, or a willful reckless disregard for the directions of the course
instructor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section applies to causes of action accruing on or after
July 1, 2009.
new text end