shooting ranges
DPA |
Committee on Retirement and Government Operations |
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Committee on Natural Resources and Agriculture |
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Caucus and COW |
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Third Read |
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As Passed the House |
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HB 2218 provides an affirmative defense against civil liability regarding noise disturbance allegations if shooting ranges operate under the noise requirements established at the time their individual construction or operation was approved; however, HB 2218 confirms the local government’s authority to control shooting ranges’ conditional use permits, regulate prospective shooting ranges and regulate nighttime shooting noise levels.
HB 2218 was amended in the Retirement and Government Operations Committee to make a conforming change.
Shooting Ranges exist for military and law enforcement training, sport shooting, fire arms and hunters safety classes, informal target shooting, trap and skeet shooting and recreation. The Arizona Game and Fish Commission regulates the construction and operation of shooting ranges in Arizona.
In 1999, an interest group studied and made recommendations concerning location and operation of shooting ranges, specifically nuisance suits against shooting ranges. The group recommended a protection law for shooting ranges modeled after California’s range protection law, which limits shooting range liability in noise related cases. The group’s work also lead to the establishment of a two-year Study Committee on Firearms Safety and Sport Shooting Ranges to make recommendations regarding shooting ranges. Also, the Firearms Safety and Ranges Fund was created in 1999 to develop and relocate shooting ranges in order to prevent noise disturbances across the state. The fund was to consist of an annual $50,000 of general tax revenue; however, no monies have yet been appropriated to this fund.
· Stipulates the owner, operator or user of a shooting range shall have an affirmative defense against civil liability or claim regarding noise disturbance allegations as long as the range complies with one or more of the following:
Ø All noise ordinances created at the time that the local government approved the range’s construction or operation.
Ø No laws or ordinances existed at the time the local government approved its construction or operation.
Ø A substantial change in the range’s nature of use has not occurred.
§ Exempts indoor shooting ranges from this article if they are completely enclosed and are designed to offer a totally controlled shooting environment.
§ Ensures that an owner, operator or user of a shooting range is not subject to criminal prosecution if the range follows their original noise requirements or did not have original noise requirements at the time of construction.
§ Exempts sport shooting ranges that are exempt from liability under this article from any state agency rules limiting outdoor noise levels.
§ Requires the court to award costs and reasonable attorney fees to the prevailing party in a court case where a defense has been raised.
§ Allows shooting ranges to continue to operate in compliance with the laws existing before a subsequent ordinance is enacted if the shooting range has not substantially change the nature of its operation.
§ Establishes the local government’s authority to enforce conditional use permit terms, allow a maximum noise level of 60 decibels (normal street noise) at the nearest residential property line, mandate compliance with local standards for nighttime shooting (10:00 p.m. to 7:00 a.m.) and regulate locations and construction of shooting ranges after the effective date of this act.
§ Defines shooting range or range as a permanent area designed and operated for shooting or sport shooting.
HB2218 was amended in the Retirement and Government Operations Committee as follows:
§ Removes the reference to exempting shooting ranges from liability.
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45th Legislature
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Second Regular Session 2 March
26, 2002
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