SB 424

Under current law, a person who owns or operates an area designed and

operated for the use and discharge of firearms (sport shooting range) is immune from

civil liability relating to noise and is not subject to an action for nuisance or to zoning

conditions related to noise. Current law also provides that if a sport shooting range

lawfully existed on June 18, 1998 (existing range), it may continue to operate as a

sport shooting range at that location even if certain zoning ordinances or laws

regulating the discharge of firearms would otherwise prohibit the operation of the

sport shooting range.

This bill provides that the owner or operator of an existing range may repair,

remodel, or reinforce any building on the range for the purpose of public safety or to

ensure continued use of the building. The bill also specifies that the owner or

operator may reconstruct, repair, or rebuild a building on the range that is damaged

by certain natural causes if the damage occurs after the bill's effective date. The bill

also allows the owner to expand the membership or facilities of the range, and allow

sport shooting activities that are consistent with generally accepted operation

practices for those activities.

This bill also prohibits a state agency, political subdivision, or court from

requiring the closure of an existing range unless the state agency, political

subdivision, or court finds that the range presents a public safety hazard to the

surrounding community and the owner is given at least three opportunities to

eliminate the hazard. The state agency, political subdivision, or court must also

allow the owner of the range to relocate the range to any property where the

operation of a sport shooting range is an allowable use of the property. If the the

owner relocates the range as required by a state agency or political subdivision, the

state agency or political subdivision must acquire the property by condemnation

unless the state agency does not have condemnation authority. In that case, the state

agency must purchase the range in the amount stated on an appraisal furnished by

the owner of the range.