AN
ACT Relating to protecting sport shooting ranges; adding a new section to
chapter 9.41 RCW; creating a new section; and declaring an emergency.
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 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 the range if the range is in compliance
with any noise control laws or ordinances that applied to the range and its
operation on the effective date of this act.
(b)
A person who operates or uses a sport shooting range is not subject to an
action for nuisance, 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 the range is
in compliance with any noise control laws or ordinances that applied to the
range and its operation on the effective date of this act.
(c)
Rules adopted by any state department or agency for limiting levels of noise in
terms of decibel level that may occur in the outdoor atmosphere do not apply to
a sport shooting range exempted from liability under this section.
(2)
A person who acquires title to or who owns real property adversely affected by
the use of property with a permanently located and improved sport shooting
range shall not maintain a nuisance action against the person 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. This subsection does
not prohibit actions for negligence or recklessness in the operation of the
range or by a person using the range.
(3)
A sport shooting range that is operated and is not in violation of existing law
at the time of the enactment of an ordinance must be permitted to continue in
operation even if the operation of the sport shooting range at a later date
does not conform to the new ordinance or an amendment to an existing ordinance.
(4)
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 and
inherent. 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.
(5)
The owner or operator of any sport shooting range shall have in place an
insurance policy providing insurance for personal and property damage which
occurs as a result of acts at the range, with liability limits of at least two
hundred fifty thousand dollars per occurrence. This subsection applies
beginning January 1, 1999.
(6)
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 act.
(7)
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.
NEW SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
