SF 585

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to land servitudes; exempting owners of 
  1.3             certain shooting ranges from liability for certain 
  1.4             civil and criminal actions; proposing coding for new 
  1.5             law in Minnesota Statutes, chapters 500; and 604A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [500.31] [SHOOTING RANGE SERVITUDES.] 
  1.8      The right of using real property as a range safety zone or 
  1.9   as a noise or pollution abatement zone for a shooting range is a 
  1.10  land burden or servitude upon real property that may be granted 
  1.11  and held, and runs with the burdened property though not 
  1.12  attached to land.  For the purposes of this section, "shooting 
  1.13  range" is defined as provided in section 604A.33. 
  1.14     Sec. 2.  [604A.33] [DEFINITIONS.] 
  1.15     Subdivision 1.  [SCOPE.] For the purposes of sections 
  1.16  604A.33 to 604A.37, the terms defined in this section have the 
  1.17  meanings given them. 
  1.18     Subd. 2.  [PERSON.] "Person" means an individual, 
  1.19  proprietorship, partnership, corporation, club, or other legal 
  1.20  entity. 
  1.21     Subd. 3.  [SHOOTING RANGE OR RANGE.] "Shooting range" or 
  1.22  "range" means an area or facility designed and operated for the 
  1.23  use of firearms as defined in section 97A.015, subdivision 19, 
  1.24  or archery, and includes shooting preserves as defined in 
  1.25  section 97A.115. 
  2.1      Sec. 3.  [604.34] [NOISE; LIMITS ON CIVIL AND CRIMINAL 
  2.2   ACTIONS.] 
  2.3      Notwithstanding any other provision of law, a person who 
  2.4   owns or operates or uses a shooting range in this state is not 
  2.5   subject to civil liability or criminal prosecution in any matter 
  2.6   relating to nuisance, or to noise or noise pollution, resulting 
  2.7   from the operation or use of the range unless the range is not 
  2.8   in material compliance with any noise control laws or 
  2.9   ordinances, if any, that applied to the range and its operation 
  2.10  at the time of construction or initial operation of the range. 
  2.11     Sec. 4.  [604A.35] [NOISE; NUISANCE ACTIONS.] 
  2.12     A person who owns, operates, or uses a shooting range is 
  2.13  not subject to an action for nuisance, and a court of the state 
  2.14  shall not enjoin or restrain the use or operation of a range on 
  2.15  the basis of nuisance, or of noise or noise pollution, unless 
  2.16  the range is not material in compliance with any noise control 
  2.17  laws or ordinances, if any, that applied to the range and its 
  2.18  operation at the time of construction or initial operation of 
  2.19  the range. 
  2.20     Sec. 5.  [604A.36] [CERTAIN NUISANCE ACTIONS.] 
  2.21     A person who acquires title to or who owns real property 
  2.22  adversely affected by the use of property with a permanently 
  2.23  located shooting range shall not maintain a nuisance action 
  2.24  against the person who owns the range to restrain, enjoin, or 
  2.25  impede the use of the range.  This section does not prohibit 
  2.26  actions for negligence or recklessness in the operation of the 
  2.27  range or by a person using the range which results in personal 
  2.28  injury. 
  2.29     Sec. 6.  [604A.37] [SHOOTING RANGES; INHERENT RISKS.] 
  2.30     A person who participates in shooting activities at a 
  2.31  shooting range that conforms to generally accepted operation 
  2.32  practices accepts the risks associated with the activity to the 
  2.33  extent the risks are obvious and inherent.  Those risks include 
  2.34  injuries that may result from noise, discharge of a projectile 
  2.35  or shot, malfunction of shooting equipment not owned by the 
  2.36  shooting range, natural variations in terrain, surface or 
  3.1   subsurface snow or ice conditions, bare spots, rocks, trees, and 
  3.2   other forms of natural growth or debris. 
  3.3      Sec. 7.  [EFFECTIVE DATE.] 
  3.4      Sections 1 to 6 are effective the day following final 
  3.5   enactment.