Download Zipped Introduced WordPerfect SB0107S01.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
First Substitute S.B. 107
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill ensures public access to a public shooting range under certain conditions.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . grants the public access to use a public shooting range;
14 . permits a fee to be charged for the public to use a public shooting range;
15 . describes when a public shooting range can be restricted from public use; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 47-3-101, Utah Code Annotated 1953
24 47-3-301, Utah Code Annotated 1953
25 47-3-302, Utah Code Annotated 1953
26 47-3-303, Utah Code Annotated 1953
27 47-3-304, Utah Code Annotated 1953
28 47-3-305, Utah Code Annotated 1953
29 RENUMBERS AND AMENDS:
30 47-3-102, (Renumbered from 47-3-1, as enacted by Laws of Utah 1998, Chapter 286)
31 47-3-201, (Renumbered from 47-3-2, as enacted by Laws of Utah 1998, Chapter 286)
32 47-3-202, (Renumbered from 47-3-3, as enacted by Laws of Utah 1998, Chapter 286)
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 47-3-101 is enacted to read:
36
37
38 47-3-101. Title.
39 This chapter is known as "Shooting Ranges."
40 Section 2. Section 47-3-102 , which is renumbered from Section 47-3-1 is renumbered
41 and amended to read:
42 [
43 As used in this chapter[
44 (1) "Certified official" means a Range Safety Officer, Firearms Instructor, or Shooting
45 Coach certified by the National Rifle Association or equivalent national shooting organization.
46 (2) "Group" means any organized club, organization, corporation or association which
47 at the time of use of the shooting range has a certified official in charge while shooting is
48 taking place and while the range is open.
49 (3) "Military range" means a shooting range located on a state military installation.
50 (4) "Nonmilitary range" means a shooting range that is not a military range.
51 (5) "Political subdivision" has the same meaning as defined in section 17B-2-101 and
52 includes a school district.
53 (6) "Public funds" means funds provided by the federal government, the state, or a
54 political subdivision of the state.
55 (7) "Shooting range" or "range" means an area designed and continuously operated
56 under nationally recognized standards and operating practices for the use of rifles, shotguns,
57 pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting activities.
58 Section 3. Section 47-3-201 , which is renumbered from Section 47-3-2 is renumbered
59 and amended to read:
60
61 [
62 [
63 range accepts the associated risks to the extent the risks are obvious and inherent. Those risks
64 include injuries that may result from noise, discharge of projectile or shot, malfunction of
65 shooting equipment not owned by the shooting range or public shooting range, natural
66 variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and
67 other forms of natural growth or debris.
68 Section 4. Section 47-3-202 , which is renumbered from Section 47-3-3 is renumbered
69 and amended to read:
70 [
71 (1) [
72 ordinances that define or prohibit a public nuisance exclude from the definition or prohibition
73 any shooting range or public shooting range that was established, constructed, or operated prior
74 to the implementation of the rule or ordinance regarding public nuisance unless that activity or
75 operation substantially and adversely affects public health or safety.
76 (2) A person who operates or uses a shooting range or a public shooting range in this
77 state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting
78 from the operation or use of the range if:
79 (a) the range:
80 (i) was established, constructed, or operated prior to the implementation of any noise
81 ordinances, rules, or regulations; and
82 (ii) does not substantially and adversely affect public health or safety; or
83 (b) the range:
84 (i) is in compliance with any noise control laws, ordinances, rules, or regulations that
85 applied to the range or public shooting range and its operation at the time of establishment,
86 construction, or initial operation of the range; and
87 (ii) does not substantially and adversely affect public health or safety.
88 (3) For [
89 shooting range that is operated in accordance with nationally recognized standards and
90 operating practices is not a public health nuisance.
91 (4) For any new subdivision development located in whole or in part within 1,000 feet
92 of the boundary of any shooting range or public shooting range that was established,
93 constructed, or operated prior to the development of the subdivision, the owner of the
94 development shall provide on any plat filed with the county recorder the following notice:
95 "Shooting Range Area
96 This property is located in the vicinity of an established shooting range or public
97 shooting range. It can be anticipated that customary uses and activities at this shooting range or
98 public shooting range will be conducted now and in the future. The use and enjoyment of this
99 property is expressly conditioned on acceptance of any annoyance or inconvenience [
100 that may result from these uses and activities."
101 Section 5. Section 47-3-301 is enacted to read:
102
103 47-3-301. Access to publicly funded ranges.
104 A shooting range, whether indoor or outdoor, constructed with public funds and
105 operated or controlled by the state, an institution of higher education, or a political subdivision,
106 shall be made available as provided in this section for use by any group.
107 Section 6. Section 47-3-302 is enacted to read:
108 47-3-302. Use and availability.
109 (1) Use of a shooting range by a group may not interfere with the use of the range by
110 the state agency, military, institution of higher education, or political subdivision for whom the
111 range was constructed.
112 (2) Outdoor shooting ranges shall be available on weekends and holidays, provided
113 they are not being used for shooting and training purposes by the owner or operator of the
114 range.
115 (3) Each group that uses a shooting range owned or operated by a state agency,
116 institution of higher education, or political subdivision shall provide a certified official to
117 oversee their shooting activities while on the range. If the group does not have a certified
118 official that is currently available, the owner or operator of the shooting range may provide one
119 and charge a fee for that certified official's time.
120 (4) A group using a public shooting range may not have anyone with the group who is
121 prohibited from possessing a firearm.
122 (5) Each group shall provide documentation of current and applicable liability
123 insurance or waivers of liability to cover each state agency, institution of higher education, or a
124 political subdivision, for each person shooting on or controlling the shooting range.
125 (6) Shooting range operations shall be in accordance with safety standards adopted by
126 the National Rifle Association or equivalent national shooting organization.
127 (7) Staff from the owner or operator of the shooting range is not required to be present
128 unless there is no certified official present with the group.
129 (8) The certified official in charge at the applicable time shall be responsible for
130 opening and securely closing the shooting range.
131 Section 7. Section 47-3-303 is enacted to read:
132 47-3-303. Rulemaking.
133 (1) The State Armory Board and any state agency, institution of higher education, or
134 political subdivision that operates or has control of a shooting range shall make rules in
135 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
136 procedures for use of the range.
137 (2) The rules shall include provisions requiring indoor shooting ranges to be available
138 on a reservation basis, for firearms not exceeding the range design criteria:
139 (a) at least twice per week;
140 (b) after 4 p.m. on work or school days, or after students and faculty are excused or
141 dismissed on the work or school day; and
142 (c) between 8 a.m. and 10 p.m. on weekends.
143 Section 8. Section 47-3-304 is enacted to read:
144 47-3-304. Fees.
145 (1) Reasonable fees for the use of a shooting range to cover the incidental material and
146 supply costs incurred by making the range available to a group, may be established by:
147 (a) the State Armory Board established under Title 39, Chapter 2, State Armory Board,
148 for a military range; and
149 (b) for a nonmilitary range, the state agency, institution of higher education, or political
150 subdivision that operates or has control of the range.
151 (2) Fees for nonmilitary shooting range use may not exceed fees charged by the
152 Department of Natural Resources for the same or similar activity.
153 (3) Fees collected under Subsection (1) shall be:
154 (a) for a shooting range operated or controlled by a state agency or an institution of
155 higher education, deposited in the General Fund as dedicated credits to be used for the
156 operation and maintenance of the range; and
157 (b) for a shooting range operated or controlled by a political subdivision, deposited in
158 the political subdivision's general fund.
159 Section 9. Section 47-3-305 is enacted to read:
160 47-3-305. Exceptions and prohibitions.
161 (1) This part does not apply to shooting ranges that are:
162 (a) otherwise open to the public;
163 (b) staffed by or through the owner or operator of the range; and
164 (c) operated as a public shooting range staffed and operated by the Division of Wildlife
165 Resources.
166 (2) This section does not apply to the "shoot house" portion of a shooting range that is
167 a law-enforcement or a military range.
168 (3) Firearms may not be allowed in a school building, except under the provisions of
169 Section 76-10-505.5 , unless there is an outdoor entrance to the shooting range and the most
170 direct access to the range is used. An outdoor entrance may not be blocked by fences,
171 structures or gates for the purpose of blocking the outdoor entrance.
172 (4) Group range use is a lawful, approved activity under Subsection 76-10-505.5 (4)(a).
[Bill Documents][Bills Directory]