1115-S

H-1599.1 _______________________________________________

SUBSTITUTE HOUSE BILL 1115

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State of Washington 54th Legislature 1995 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives Campbell, Robertson, Smith, Hargrove, Chappell, Sheldon, Kremen, Sheahan, D. Schmidt, Padden, Schoesler, Crouse, Basich and Sherstad)

Read first time 02/09/95.

AN ACT Relating to firearm range training and practice facilities; adding a new section to chapter 9.41 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. It is the intent of the legislature that in the best interest of public safety, due to the advent of urban growth, it is essential for facilities to be available to the general public for safe utilization of firearms.

NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:

(1) Except as provided for in subsection (2) of this section, a local governmental entity as defined by RCW 4.96.010 may not take action to close a privately owned and operated firearm range training and practice facility if such facility is in compliance with any laws or ordinances that applied to the facility and its operation at the time of construction or initial operation of the facility. As used in this section, to "take action" means exercising any of the police or other powers of the local governmental entity, including but not limited to the following:

(a) Declaration or abatement of a nuisance;

(b) Establishment of nonconforming land uses;

(d) Condemnation proceedings.

(2)(a) A local governmental entity may take action to close a privately owned and operated commercial firearm range training and practice facility if the local governmental entity provides for the availability of suitable land for the replacement of the closed facility with another privately owned and operated commercial firearm range training and practice facility of at least equal capacity. If a local governmental entity's action results in the closure of more than one firearm range training and practice facility, the local governmental entity may provide for the availability of suitable land for the replacement of the closed facilities with one or more firearm range training and practice facilities, so long as the capacity of the replacement facility or facilities is at least as large as the combined capacities of the closed facilities. This subsection applies only to commercially operated facilities that charge membership or admission fees for the use of the facilities.

(b) As used in this section, "suitable land" means land that is within the local governmental entity's jurisdiction, or within the jurisdiction of an adjoining jurisdiction with which an interlocal agreement has been reached, and that is:

(i) Not currently used as a firearm range training and practice facility, but is available to an operator of such a facility at a cost, including any necessary site preparation and development costs, not to exceed the value of the facility or facilities to be closed;

(ii) Of sufficient size and of appropriate topography to accommodate the required replacement facility;

(iii) Appropriately zoned for use as a firearm range training and practice facility and in compliance with any other applicable federal, state, or local land use law with respect to use as such a facility; and

(iv) Reasonably equivalent to the location of the existing facility or facilities with respect to accessibility and proximity for the users of the existing facility or facilities, but in no event more than fifteen miles from the location of any facility being replaced.

(c) A replacement firearm range training and practice facility must be available for use by law enforcement personnel or the general public to the same extent as the replaced facility or facilities.

(3) This section applies only to the closure of facilities that were constructed and operational before January 1, 1994.