SB0571sam001 100TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 7/21/2017

10000SB0571sam001 LRB100 04840 HEP 28118 a

AMENDMENT TO SENATE BILL 571

AMENDMENT NO. ______. Amend Senate Bill 571 by replacing everything after the enacting clause with the following:

"Section 5. The Premises Liability Act is amended by changing Section 5 as follows:

(740 ILCS 130/5)

Sec. 5. Firearm ranges; liability.

(a) As used in this Section, "firearm range" means a rifle, pistol, silhouette, skeet, trap, black powder, or other similar range in this State used for discharging firearms in a sporting event, for practice or instruction in the use of a firearm, or for the testing of a firearm. "Firearm range" also includes licensed shooting preserves and public hunting areas operated or licensed by the Department of Natural Resources.

(b) An owner or operator of a firearm range in existence on January 1, 1994, is immune from any criminal liability arising out of or as a consequence of noise or sound emissions resulting from the normal use of the firearm range. An owner or operator of a firearm range is not subject to any action for public or private nuisance or trespass and no court in this State shall enjoin the use or operation of a firearm range on the basis of noise or sound emissions resulting from the normal use of the firearm range.

(c) Except as provided in subsection (d) of this Section, an An owner or operator of a firearm range placed in operation after January 1, 1994, is immune from any 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 the firearm range conforms to any one of the following requirements:

(1) All areas from which a firearm may be properly discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property.

(2) All areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use.

(3) If the firearm range is situated on land otherwise subject to land use zoning, the firearm range is in compliance with the requirements of the zoning authority.

(4) The firearm range is operated by a governmental entity or is licensed by the Department of Natural Resources.

(5) The firearm range met the requirements of clause (1) of this subsection (c) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.

(d) An owner or operator of an indoor firearm range placed in operation after July 9, 2013 is immune from any 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 indoor firearm range if:

(1) all areas from which a firearm may be properly discharged are enclosed by a permanent building or structure that absorbs or contains sound energy escaping from the muzzle of firearms in use; and

(2) the indoor firearm range conforms to any one of the following requirements:

(A) All areas from which a firearm may be properly discharged are at least 1,000 yards from any occupied permanent dwelling on adjacent property.

(B) If the indoor firearm range is situated on land otherwise subject to land use zoning, the indoor firearm range is in compliance with the requirements of the zoning authority.

(C) The indoor firearm range is operated by a governmental entity or is licensed by the Department of Natural Resources.

(D) The indoor firearm range met the requirements of clause (A) of this paragraph (2) at the time the range began its operation and subsequently an occupied permanent dwelling on adjacent property was built within 1,000 yards from an area of the range from which a firearm may be properly discharged.

(e) A municipality, State's Attorney, or private party may file an action for injunctive relief seeking the mitigation of sound emissions resulting from the normal use of an indoor firing range against the owner or operator of an indoor firing range that does not meet the conditions of subsection (d) of this Section. If the court grants injunctive relief in an action filed by a private party, the court shall award attorney's fees to the private party plaintiff.

(f) The changes made by this amendatory Act of the 100th General Assembly preempt and supersede any previous immunity granted under this Section prior to the effective date of this amendatory Act of the 100th General Assembly, to the extent the previous immunity is inconsistent with the provisions of this amendatory Act of the 100th General Assembly. Any previous immunity that existed under this Section and is inconsistent with this amendatory Act of the 100th General Assembly is void on and after the effective date of this amendatory Act of the 100th General Assembly.

(Source: P.A. 94-387, eff. 7-29-05.)".