H. B. 2452
(By Mr. Speaker, Mr. Kiss, and
Delegates Martin, Varner, Ashley,
Staton, Kuhn and Thompson)
[Introduced March 7, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six-a, relating to dangerous weapons; providing civil and
criminal immunity relating to noise or noise pollution laws
to persons who operate or use certain sport shooting ranges;
and regulating the application of state and local laws,
rules and ordinances regarding sport shooting ranges.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
six-a, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6a. Sport shooting ranges.
(a) As used in this section:
(1) "Local unit of government" means a municipality or county;
(2) "Person" means an individual, proprietorship, partnership,
corporation, club or other legal entity;
(3) "Sport shooting range" or "range" means an area designed
and operated for the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder or any other similar sport
shooting.
(b) Notwithstanding any other provision of law, a person who
operates or uses a sport shooting range in this state is not
subject to civil liability or criminal prosecution in any matter
relating to noise or pollution resulting from the operation or
use of the range if the range is in compliance with any noise
control laws or ordinances that applied to the range and its
operation at the time construction or operation of the range was
approved by a local unit of government.
(c) A person who operates or uses a sport shooting range is
not subject to an action for nuisance, and a court of the state
may not enjoin the use or operation of a range on the basis of
any noise or noise pollution, if the range is in compliance with
any noise control laws or ordinances that applied to the range
and its operation at the time construction or operation of the
range was approved by a local unit of government.
(d) Rules adopted by any state department or agency for
limiting levels of noise pollution in terms of decibel level
which may occur in the outdoor atmosphere do not apply to a sport
shooting range exempted from liability under this section.
(e) This section does not prohibit a local unit of government
from regulating the location and construction of a sport shooting
range after the effective date of this section.
NOTE: The purpose of this bill is to provide civil and
criminal immunity from liability in prosecution of matters
relating to noise or noise pollution to persons who operate or
use sport shooting ranges.
This section is new; therefore, strike-throughs and
underlining have been omitted.