Bill Text: IL HB5151 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Premises Liability Act. Provides that an owner or operator of a firearm range placed in operation after January 1, 1994 is immune from criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range if: all areas from which a firearm may be properly discharged are at least 500 (rather than 1,000) yards from any occupied permanent dwelling on adjacent property; or the firearm range met those requirements at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 500 (rather than 1,000) yards from an area of the range from which a firearm may be properly discharged. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-01-18 - Public Act . . . . . . . . . 97-1145 [HB5151 Detail]
Download: Illinois-2011-HB5151-Engrossed.html
Bill Title: Amends the Premises Liability Act. Provides that an owner or operator of a firearm range placed in operation after January 1, 1994 is immune from criminal liability and is not subject to any action for public or private nuisance or trespass arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range if: all areas from which a firearm may be properly discharged are at least 500 (rather than 1,000) yards from any occupied permanent dwelling on adjacent property; or the firearm range met those requirements at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 500 (rather than 1,000) yards from an area of the range from which a firearm may be properly discharged. Effective immediately.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-01-18 - Public Act . . . . . . . . . 97-1145 [HB5151 Detail]
Download: Illinois-2011-HB5151-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Premises Liability Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (740 ILCS 130/5)
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7 | Sec. 5. Firearm ranges; liability.
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8 | (a) As used in this Section, "firearm range" means a rifle, | ||||||
9 | pistol,
silhouette, skeet, trap, black powder, or other similar | ||||||
10 | range in this State
used for discharging firearms in a sporting | ||||||
11 | event, for practice or instruction
in the use of a firearm, or | ||||||
12 | for the testing of a firearm. "Firearm range" also
includes | ||||||
13 | licensed shooting preserves and public hunting areas operated | ||||||
14 | or
licensed by the Department of Natural Resources.
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15 | (b) An owner or operator of a firearm range in existence on | ||||||
16 | January 1,
1994, is immune from any criminal liability arising | ||||||
17 | out of or as a
consequence of noise or sound emissions | ||||||
18 | resulting from the normal use of the
firearm range. An owner or | ||||||
19 | operator of a firearm range is not
subject to any action for | ||||||
20 | public or private nuisance or trespass and no court
in this | ||||||
21 | State shall enjoin the use or operation of a firearm range on | ||||||
22 | the
basis of noise or sound emissions resulting from the normal | ||||||
23 | use of the firearm
range.
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1 | (c) An owner or operator of a firearm range placed in | ||||||
2 | operation after
January 1, 1994, is immune from any criminal | ||||||
3 | liability and is not
subject to any action for public or | ||||||
4 | private nuisance or trespass arising out
of or as a consequence | ||||||
5 | of noise or sound emissions resulting from the normal
use of | ||||||
6 | the firearm range, if the firearm range conforms to any one of | ||||||
7 | the
following requirements:
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8 | (1) All areas from which a firearm may be properly | ||||||
9 | discharged are at least
500 1,000 yards from any occupied | ||||||
10 | permanent dwelling on adjacent property.
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11 | (2) All areas from which a firearm may be properly | ||||||
12 | discharged are enclosed
by a permanent building or | ||||||
13 | structure that absorbs or contains sound energy
escaping | ||||||
14 | from the muzzle of firearms in use.
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15 | (3) If the firearm range is situated on land otherwise | ||||||
16 | subject to land use
zoning, the firearm range is in | ||||||
17 | compliance with the requirements of the zoning
authority.
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18 | (4) The firearm range is operated by a governmental | ||||||
19 | entity or is licensed
by the Department of Natural | ||||||
20 | Resources.
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21 | (5) The firearm range met the requirements of clause | ||||||
22 | (1) of this
subsection (c) at the time the range began its | ||||||
23 | operation and
subsequently an occupied permanent dwelling | ||||||
24 | on adjacent property
was built within 500 1,000 yards from | ||||||
25 | an area of the range from which a
firearm may be properly | ||||||
26 | discharged.
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1 | (Source: P.A. 94-387, eff. 7-29-05.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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