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.