SB 691

This bill creates a procedure that law enforcement officers and courts must

follow to temporarily or permanently close any portion of a sport shooting range due

to an alleged unsafe condition on the premises.

Under the bill, a law enforcement officer may order the owner or operator of a

sport shooting range to cease a portion of the operation for up to 72 hours if the officer

has probable cause to believe a clear and immediate public safety hazard exists at

the sport shooting range. The bill defines a “clear and immediate public safety

hazard” as an unsafe condition that originates from, or is at, a sport shooting range

and that could reasonably be expected to cause death or serious injury to an

individual. Under the bill, a court may, in response to a petition filed by an individual

or a local unit of government, order the owner or operator of a sport shooting range

to cease a portion of the operation for up to 72 hours if it finds by a preponderance

of the evidence that a clear and immediate public safety hazard is present. When a

court issues such an order, it must also order the petitioner to submit a report from

an investigator within five days identifying any clear and immediate public safety

hazard that may warrant permanent cessation of any portion of the sport shooting

range's operation. If the court finds such a clear and immediate public safety hazard,

the court must order the owner or operator of the sport shooting range to remedy the

condition to eliminate the public safety hazard. If the owner or operator of the sport

shooting range demonstrates to the court that it has properly remedied the unsafe

condition, the court must lift any order to cease a portion of the sport shooting range's

operation. This procedure applies retroactively.