HF 1227

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing civil and 
  1.3             criminal immunity to persons who operate or use 
  1.4             ranges; protecting ranges from planning and zoning 
  1.5             laws and ordinances; limiting closings of ranges and 
  1.6             providing for relocation costs; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 500; proposing 
  1.8             coding for new law as Minnesota Statutes, chapter 87A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [POLICY.] 
  1.11     It is the policy of this state to provide for the health, 
  1.12  safety, and welfare of its citizens by promoting the safety and 
  1.13  enjoyment of shooting sports among its citizens and by 
  1.14  protecting the locations of shooting ranges for shotgun, 
  1.15  archery, rifle, and pistol shooting. 
  1.16     Sec. 2.  [87A.01] [DEFINITIONS.] 
  1.17     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  1.18  section apply to sections 87A.01 to 87A.04. 
  1.19     Subd. 2.  [ESTABLISHED SHOOTING RANGE.] "Established 
  1.20  shooting range" means a shooting range in existence on the 
  1.21  effective date of this act. 
  1.22     Subd. 3.  [PERSON.] "Person" means an individual, 
  1.23  proprietorship, partnership, corporation, club, or other legal 
  1.24  entity. 
  1.25     Subd. 4.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.26  "range" means an area or facility designed and operated for the 
  1.27  use of firearms or archery. 
  2.1      Subd. 5.  [GENERALLY ACCEPTED OPERATION 
  2.2   PRACTICES.] "Generally accepted operation practices" means those 
  2.3   practices adopted by emergency and permanent rules of the 
  2.4   commissioner of natural resources for shooting ranges.  In 
  2.5   developing the practices, the commissioner shall consider all 
  2.6   information reasonably available regarding the safe operation of 
  2.7   shooting ranges, including practices established by a nationally 
  2.8   recognized nonprofit membership organization that provides 
  2.9   voluntary firearm safety programs that include training 
  2.10  individuals in the safe handling and use of firearms, which 
  2.11  practices are developed with consideration of all information 
  2.12  reasonably available regarding the operation of shooting 
  2.13  ranges.  The generally accepted operation practices shall be 
  2.14  reviewed at least every five years by the commissioner of 
  2.15  natural resources and revised as the commissioner considers 
  2.16  necessary.  The commissioner shall adopt rules required by this 
  2.17  section by January 1, 1996. 
  2.18     Subd. 6.  [UNIT OF GOVERNMENT.] "Unit of government" means 
  2.19  a home rule charter or statutory city including a city of the 
  2.20  first class, county, town, township, municipal corporation, or 
  2.21  other governmental subdivision, or any of their 
  2.22  instrumentalities. 
  2.23     Sec. 3.  [87A.02] [CIVIL AND CRIMINAL IMMUNITY.] 
  2.24     Subdivision 1.  [LIMITS ON CIVIL AND CRIMINAL 
  2.25  ACTIONS.] Notwithstanding any other provision of law, and in 
  2.26  addition to other protections provided in sections 87A.01 to 
  2.27  87A.04, a person who owns or operates or uses a shooting range 
  2.28  that conforms to generally accepted operation practices in this 
  2.29  state is not subject to civil liability or criminal prosecution 
  2.30  in any matter relating to nuisance, noise, or noise pollution, 
  2.31  resulting from the operation or use of the range if the range is 
  2.32  in compliance with laws or ordinances that applied to the range 
  2.33  and its operation at the time of construction or initial 
  2.34  operation of the range. 
  2.35     Subd. 2.  [LIMITS ON INJUNCTIONS OR RESTRAINING ORDERS.] In 
  2.36  addition to other protections provided in sections 87A.01 to 
  3.1   87A.04, a person who owns, operates, or uses a shooting range 
  3.2   that conforms to generally accepted operation practices is not 
  3.3   subject to an action for nuisance, and a court of the state 
  3.4   shall not enjoin or restrain the use or operation of a range on 
  3.5   the basis of nuisance, noise, or noise pollution, if the range 
  3.6   is in compliance with laws or ordinances that applied to the 
  3.7   range and its operation at the time of construction or initial 
  3.8   operation of the range. 
  3.9      Sec. 4.  [87A.03] [LOCAL ORDINANCE PROTECTION; EXISTING 
  3.10  OPERATIONS.] 
  3.11     (a) A shooting range that is operated and is not in 
  3.12  violation of existing law at the time of the enactment of an 
  3.13  ordinance must be permitted to continue in operation even if the 
  3.14  operation of the shooting range at a later date does not conform 
  3.15  to the new ordinance or an amendment to an existing ordinance. 
  3.16     (b) A shooting range that operates in compliance with 
  3.17  generally accepted operation practices, even if not in 
  3.18  compliance with an ordinance of a local unit of government, must 
  3.19  be permitted to do all of the following within its preexisting 
  3.20  geographic boundaries if in compliance with generally accepted 
  3.21  operation practices: 
  3.22     (1) repair, remodel, or reinforce any conforming or 
  3.23  nonconforming building or structure as may be necessary in the 
  3.24  interest of public safety or to secure the continued use of the 
  3.25  building or structure; 
  3.26     (2) reconstruct, repair, restore, remodel, or resume the 
  3.27  use of a nonconforming building damaged by fire, collapse, 
  3.28  explosion, act of God, or act of war occurring after the 
  3.29  effective date of this section; and 
  3.30     (3) do anything authorized under generally accepted 
  3.31  operation practices, including: 
  3.32     (i) expand or increase its membership or opportunities for 
  3.33  public participation; and 
  3.34     (ii) expand or increase events, facilities, and activities. 
  3.35     Sec. 5.  [87A.04] [LIMITS ON CLOSING SHOOTING RANGES; 
  3.36  PAYMENT OF CERTAIN COSTS.] 
  4.1      (a) Except as provided in section 87A.03, an established 
  4.2   shooting range may not be prevented from operating by any state 
  4.3   agency or unit of government unless:  
  4.4      (1) the range presents a clear and proven safety hazard to 
  4.5   the adjacent population; or 
  4.6      (2) the range fails to meet the minimum range safety 
  4.7   standards contained in generally accepted operation practices 
  4.8   adopted by the rules of the commissioner. 
  4.9      (b)(1) If the requirements of paragraph (a), clause (1), 
  4.10  are met, an established shooting range may be relocated by an 
  4.11  agency or a unit of government if the following conditions are 
  4.12  met: 
  4.13     (i) the clear and proven safety hazard is documented 
  4.14  through a hearing, testimony, and a clear and precise statement 
  4.15  of the hazard by the agency or unit of government; 
  4.16     (ii) the agency or unit of government obtaining the closure 
  4.17  pays the full value of the range business as a going concern to 
  4.18  the operators and the full value of the land including 
  4.19  improvements, to the owner of the land. 
  4.20     (2) Upon final full payment, the range operator and 
  4.21  landowners shall relinquish their interest in the property to 
  4.22  the agency or unit of government obtaining the closure. 
  4.23     (c) If the requirements of paragraph (a), clause (2), are 
  4.24  met, the shooting range operations may be suspended if: 
  4.25     (1) the range operators are given reasonable notice and 
  4.26  opportunity to respond; and 
  4.27     (2) the range operators are given a reasonable opportunity 
  4.28  to correct safety defects and meet the minimum range safety 
  4.29  standards contained in generally accepted operation practices. 
  4.30     (d) If a shooting range is suspended from operation because 
  4.31  the requirements of paragraph (a), clause (2), are met and if 
  4.32  the shooting range operators are able to obtain a current 
  4.33  certificate of reasonable shooting range safety compliance from 
  4.34  an organization establishing range safety standards, any order 
  4.35  of a state agency, unit of government, or court to suspend the 
  4.36  shooting range operation must, upon application by the 
  5.1   operators, be reconsidered by the vacating authority, which may 
  5.2   then vacate the order. 
  5.3      Sec. 6.  [500.31] [SHOOTING RANGE SERVITUDES.] 
  5.4      The following land burden or servitude upon land may be 
  5.5   granted and held though not attached to land:  The right of 
  5.6   using land as a range safety zone or as a noise or pollution 
  5.7   abatement zone for a shooting range.  For the purposes of this 
  5.8   section, "shooting range" is defined as provided in section 
  5.9   87A.01. 
  5.10     Sec. 7.  [EFFECTIVE DATE.] 
  5.11     Sections 1 to 6 are effective the day following final 
  5.12  enactment.