SF 581

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liability protection; providing certain 
  1.3             liability protections for sport shooting ranges that 
  1.4             comply with generally accepted operation practices; 
  1.5             requiring rulemaking; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 561. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [561.20] [NUISANCE LIABILITY OF SHOOTING 
  1.9   RANGES.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  1.11  section, the terms defined in this subdivision have the meanings 
  1.12  given them. 
  1.13     (b) "Generally accepted operation practices" means 
  1.14  practices described in rules adopted by the commissioner of 
  1.15  natural resources under subdivision 2.  
  1.16     (c) "Local unit of government" means a county, statutory or 
  1.17  home rule charter city, or town. 
  1.18     (d) "Sport shooting range" or "range" means an area 
  1.19  designed and operated for the use of archery, rifles, shotguns, 
  1.20  pistols, silhouettes, skeet, trap, black powder, or any other 
  1.21  similar sport shooting. 
  1.22     Subd. 2.  [GENERALLY ACCEPTED OPERATION PRACTICES.] The 
  1.23  commissioner of natural resources shall adopt emergency and 
  1.24  permanent rules establishing generally accepted operation 
  1.25  practices for sport shooting ranges.  In developing the 
  1.26  practices, the commissioner shall consider all information 
  2.1   reasonably available regarding the operation of sport shooting 
  2.2   ranges, including practices established by a nationally 
  2.3   recognized nonprofit membership organization that provides 
  2.4   voluntary firearm safety programs that include training 
  2.5   individuals in the safe handling and use of firearms.  The 
  2.6   commissioner shall review the rules at least every five years 
  2.7   and shall revise them as the commissioner considers necessary. 
  2.8      Subd. 3.  [NOISE LAW PROTECTIONS; EXISTING OPERATIONS.] (a) 
  2.9   A person who owns, operates, or uses a sport shooting range that 
  2.10  conforms to generally accepted operation practices in this state 
  2.11  is not subject to civil liability or criminal prosecution in any 
  2.12  matter relating to noise or noise pollution resulting from the 
  2.13  operation or use of the range if the range is in compliance with 
  2.14  any noise control laws or ordinances that applied to the range 
  2.15  and its operation at the time of construction or initial 
  2.16  operation of the range. 
  2.17     (b) In addition to other protections provided in this 
  2.18  section, a person who owns, operates, or uses a sport shooting 
  2.19  range that conforms to generally accepted operation practices is 
  2.20  not subject to an action for nuisance, and a court may not 
  2.21  enjoin or restrain the use or operation of a range on the basis 
  2.22  of noise or noise pollution, if the range is in compliance with 
  2.23  any noise control laws or ordinances that applied to the range 
  2.24  and its operation at the time of construction or initial 
  2.25  operation of the range. 
  2.26     (c) Rules adopted by a state agency for limiting levels of 
  2.27  noise in terms of decibel level that may occur in the outdoor 
  2.28  atmosphere do not apply to a sport shooting range exempted from 
  2.29  liability under this section. 
  2.30     Subd. 4.  [LOCAL ORDINANCE PROTECTION; EXISTING 
  2.31  OPERATIONS.] (a) A sport shooting range that is operated and is 
  2.32  not in violation of existing law at the time of the enactment of 
  2.33  an ordinance must be permitted to continue in operation even if 
  2.34  the operation of the sport shooting range at a later date does 
  2.35  not conform to the new ordinance or an amendment to an existing 
  2.36  ordinance. 
  3.1      (b) A sport shooting range that is in existence as of the 
  3.2   effective date of this section and operates in compliance with 
  3.3   generally accepted operation practices, even if not in 
  3.4   compliance with an ordinance of a local unit of government, must 
  3.5   be permitted to do all of the following within its preexisting 
  3.6   geographic boundaries if in compliance with generally accepted 
  3.7   operation practices: 
  3.8      (1) repair, remodel, or reinforce any conforming or 
  3.9   nonconforming building or structure as may be necessary in the 
  3.10  interest of public safety or to secure the continued use of the 
  3.11  building or structure; 
  3.12     (2) reconstruct, repair, restore, or resume the use of a 
  3.13  nonconforming building damaged by fire, collapse, explosion, act 
  3.14  of God, or act of war occurring after the effective date of this 
  3.15  section.  The reconstruction, repair, or restoration must be 
  3.16  completed within one year following the date of the damage or 
  3.17  settlement of any property damage claim.  If reconstruction, 
  3.18  repair, or restoration is not completed within one year, 
  3.19  continuation of the nonconforming use may be terminated at the 
  3.20  discretion of the local unit of government; and 
  3.21     (3) do anything authorized under generally accepted 
  3.22  operation practices, including: 
  3.23     (i) expand or increase its membership or opportunities for 
  3.24  public participation; and 
  3.25     (ii) expand or increase events and activities. 
  3.26     (c) Except as provided in this subdivision, this section 
  3.27  does not prohibit a local unit of government from regulating the 
  3.28  location, use, operation, safety, and construction of a sport 
  3.29  shooting range. 
  3.30     Subd. 5.  [INHERENT RISKS; INJURY.] Each person who 
  3.31  participates in sport shooting at a sport shooting range that 
  3.32  conforms to generally accepted operation practices accepts the 
  3.33  risks associated with the sport to the extent the risks are 
  3.34  obvious and inherent.  Those risks include injuries that may 
  3.35  result from noise, discharge of a projectile or shot, 
  3.36  malfunction of sport shooting equipment not owned by the 
  4.1   shooting range, natural variations in terrain, surface or 
  4.2   subsurface snow or ice conditions, bare spots, rocks, trees, and 
  4.3   other forms of natural growth or debris. 
  4.4      Sec. 2.  [EFFECTIVE DATE.] 
  4.5      Section 1, subdivision 2, is effective the day following 
  4.6   final enactment.