BILL REQ. #:  H-3908.1 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to protecting sport shooting ranges; and adding a new section to chapter 9.41 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 9.41 RCW to read as follows:
     (1) In any nuisance action based on noise or noise pollution brought against a person who owns or operates a permanently located and improved sport shooting range, it is an affirmative defense to the nuisance action that the sport shooting range was in operation prior to the date the plaintiff acquired title to the real property adversely affected by the use of the sport shooting range and that there has not been a substantial change in the nature of the use of the sport shooting range since the date the plaintiff acquired title to the adversely affected real property.
     (2) A person who participates in sport shooting at a sport shooting range accepts the risks associated with the sport to the extent the risks are obvious. Those risks include, but are not limited to, injuries that may result from noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the sport shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.
     (3) As used in this section:
     (a) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.
     (b) "Sport shooting 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 activities.