|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1160 |
|
THIRTIETH LEGISLATURE, 2019 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to shooting range protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that shooting ranges in Hawaii serve as valuable resources for target shooting and firearm safety training. Shooting ranges and target shooting facilities are important public recreation resources and provide essential facilities and services, at minimal cost, for state and local law enforcement agency personnel to better enhance their required firearm skills training.
The continued existence and viability of shooting ranges is currently under threat and still negatively impacted in the State of Hawaii. Hawaii has not yet passed legislation related to shooting ranges and their immediate surroundings and acoustics. The legislature finds that it is time to pass relevant legislation to encourage hunters, law enforcement agencies, and the general public to freely exercise their constitutional right.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to Part I to be appropriately designated and to read as follows:
"§134- Shooting Range Protection (a)
Notwithstanding any other provision of law, a person who operates or uses a
sport shooting range in this state shall not be subject to civil liability or
criminal prosecution in any matter relating to noise or noise pollution
resulting from the operation or use of a shooting range in compliance
with applicable noise control laws or ordinances established after the date of
initial construction or operation of the range.
(b) A person who operates or uses a shooting range is not subject to an action for nuisance, and no court of the state shall enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances established on or prior to the date of initial construction or operation of the range.
(c)
Rules adopted by any state department or agency for the purpose of
limiting noise decibel levels that may occur in the outdoor atmosphere do not
apply to a shooting range exempted from liability under this section.
(d)
A person who acquires title to, or who owns, real property adversely
affected by the use of property with a permanently located and improved
shooting range shall not maintain a nuisance action against an individual who
owns the range to restrain, enjoin, or impede the use of the range where there
has not been a substantial change in the nature of the use of the range.
(e) Any sport shooting range that is lawfully operated pursuant to existing law at the time of enactment of an ordinance shall be permitted continued operational use of the shooting range despite nonconformance to new ordinance or amendment to an existing ordinance.
(f)
A person who participates in sport shooting at a shooting range accepts
the risks associated with the sport to the extent the risks are obvious and
inherent. Those risks include, but are not limited to, injuries that may result
from noise, discharge of projectile or shot, malfunction of sport shooting
equipment not owned by the shooting range, natural variations in terrain,
surface or subsurface, weather conditions, bare spots, rocks, trees, and other
forms of natural growth or debris.
(g) Except as otherwise provided in this section, this section does not prohibit local government from regulating the location and construction of a shooting range after the effective date of this section.
(h) As used in this section
"local government" means a county, city, or town. "Shooting
range" or "range" means an area designed and operated for the
use of firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black
powder, or any other similar sport shooting."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2019.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Shooting Ranges; Protections
Description:
Provides protections to shooting range operators and individuals engaged in target shooting from burdensome regulations related to noise pollution and similar noise control ordinances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.