READ FIRST TIME 01/31/12.   

     AN ACT Relating to protecting sport shooting ranges; 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   The legislature finds that sport shooting ranges in this state offer valuable hunter and firearm safety training, offer legitimate and important forms of recreation to the general public, and provide the opportunity for many law enforcement agencies to maintain necessary firearms skills efficiently and at little or no cost. The continued existence and viability of sport shooting ranges is impacted by burdensome retroactive regulation and lawsuits, thereby potentially threatening the availability of low-cost firearms training to some local law enforcement agencies, as well as hunter and firearms safety training and recreation to the general public.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.41 RCW to read as follows:
     (1)(a) Notwithstanding any other provision of law, a person who owns or operates a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for a violation of a law or ordinance relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with all state and local government noise control laws or ordinances that applied to the range and its operation on the date of initial operation of the range, or on January 1, 1980, whichever date is later.
     (b) A sport shooting range must be classified as a conforming use if it operates in compliance with all state and local government noise control laws or ordinances that were applicable to the range and its operation on the date of initial operation of the range, or on January 1, 1980, whichever date is later.
     (2)(a) A person who owns or operates a sport shooting range is not subject to an action for nuisance on the basis of noise or noise pollution, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if: (i) The range is in compliance with all state or local government noise control laws or ordinances that applied to the range and its operation on the date of initial operation of the range, or on January 1, 1980, whichever date is later; and (ii) there has not been a substantial change in the nature of the use or operation of the range since the plaintiff acquired title to the property that is adversely affected by the use or operation of the range.
     (b) This subsection does not prohibit or affect actions for negligence or recklessness in the operation of the range or by a person using the range.
     (3) 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 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.
     (4) Except as otherwise provided in this section, this section does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this section.
     (5) As used in this section:
     (a) "Local government" means a county, city, or town.
     (b) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.
     (c) "Sport shooting range" or "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.