H. C. R. 36

(By Delegates Linch, Kominar, Buchanan,

Dalton, Faircloth and Thomas)



(Originating in the House Committee on the Judiciary)


[April 3, 1997]


Requesting the joint committee on government and finance to study the issue of granting civil and criminal immunity in actions and proceedings involving noise pollution to certain operators and users of sport shooting ranges.

 WHEREAS , The existence of sport shooting ranges is an important concern to those citizens of West Virginia who engage in practice shooting of rifles, shotguns and pistols;
WHEREAS , The viability of sport shooting ranges may be threatened by nuisance actions brought to silence the noise attendant to such ranges; and
WHEREAS , Landowners adjacent to sport shooting ranges have important property rights which deserve to be protected; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to review, examine and study the need for and feasibility of legislation granting owners, operators and users of sport shooting ranges civil and criminal immunity from liability in actions and proceedings involving noise pollution, endeavoring to balance the need to protect and encourage the growth of sport shooting ranges with the need to safeguard the rights of property owners adjacent to such ranges; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature by the first day of Jnanuaryt, one thousand nine hundred ninety-seveneight on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.