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Full Text of SB0571  100th General Assembly

SB0571sam001 100TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 7/21/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 571

2    AMENDMENT NO. ______. Amend Senate Bill 571 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Premises Liability Act is amended by
5changing Section 5 as follows:
 
6    (740 ILCS 130/5)
7    Sec. 5. Firearm ranges; liability.
8    (a) As used in this Section, "firearm range" means a rifle,
9pistol, silhouette, skeet, trap, black powder, or other similar
10range in this State used for discharging firearms in a sporting
11event, for practice or instruction in the use of a firearm, or
12for the testing of a firearm. "Firearm range" also includes
13licensed shooting preserves and public hunting areas operated
14or licensed by the Department of Natural Resources.
15    (b) An owner or operator of a firearm range in existence on
16January 1, 1994, is immune from any criminal liability arising

 

 

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1out of or as a consequence of noise or sound emissions
2resulting from the normal use of the firearm range. An owner or
3operator of a firearm range is not subject to any action for
4public or private nuisance or trespass and no court in this
5State shall enjoin the use or operation of a firearm range on
6the basis of noise or sound emissions resulting from the normal
7use of the firearm range.
8    (c) Except as provided in subsection (d) of this Section,
9an An owner or operator of a firearm range placed in operation
10after January 1, 1994, is immune from any criminal liability
11and is not subject to any action for public or private nuisance
12or trespass arising out of or as a consequence of noise or
13sound emissions resulting from the normal use of the firearm
14range, if the firearm range conforms to any one of the
15following requirements:
16        (1) All areas from which a firearm may be properly
17    discharged are at least 1,000 yards from any occupied
18    permanent dwelling on adjacent property.
19        (2) All areas from which a firearm may be properly
20    discharged are enclosed by a permanent building or
21    structure that absorbs or contains sound energy escaping
22    from the muzzle of firearms in use.
23        (3) If the firearm range is situated on land otherwise
24    subject to land use zoning, the firearm range is in
25    compliance with the requirements of the zoning authority.
26        (4) The firearm range is operated by a governmental

 

 

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1    entity or is licensed by the Department of Natural
2    Resources.
3        (5) The firearm range met the requirements of clause
4    (1) of this subsection (c) at the time the range began its
5    operation and subsequently an occupied permanent dwelling
6    on adjacent property was built within 1,000 yards from an
7    area of the range from which a firearm may be properly
8    discharged.
9    (d) An owner or operator of an indoor firearm range placed
10in operation after July 9, 2013 is immune from any criminal
11liability and is not subject to any action for public or
12private nuisance or trespass arising out of or as a consequence
13of noise or sound emissions resulting from the normal use of
14the indoor firearm range if:
15        (1) all areas from which a firearm may be properly
16    discharged are enclosed by a permanent building or
17    structure that absorbs or contains sound energy escaping
18    from the muzzle of firearms in use; and
19        (2) the indoor firearm range conforms to any one of the
20    following requirements:
21            (A) All areas from which a firearm may be properly
22        discharged are at least 1,000 yards from any occupied
23        permanent dwelling on adjacent property.
24            (B) If the indoor firearm range is situated on land
25        otherwise subject to land use zoning, the indoor
26        firearm range is in compliance with the requirements of

 

 

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1        the zoning authority.
2            (C) The indoor firearm range is operated by a
3        governmental entity or is licensed by the Department of
4        Natural Resources.
5            (D) The indoor firearm range met the requirements
6        of clause (A) of this paragraph (2) at the time the
7        range began its operation and subsequently an occupied
8        permanent dwelling on adjacent property was built
9        within 1,000 yards from an area of the range from which
10        a firearm may be properly discharged.
11    (e) A municipality, State's Attorney, or private party may
12file an action for injunctive relief seeking the mitigation of
13sound emissions resulting from the normal use of an indoor
14firing range against the owner or operator of an indoor firing
15range that does not meet the conditions of subsection (d) of
16this Section. If the court grants injunctive relief in an
17action filed by a private party, the court shall award
18attorney's fees to the private party plaintiff.
19    (f) The changes made by this amendatory Act of the 100th
20General Assembly preempt and supersede any previous immunity
21granted under this Section prior to the effective date of this
22amendatory Act of the 100th General Assembly, to the extent the
23previous immunity is inconsistent with the provisions of this
24amendatory Act of the 100th General Assembly. Any previous
25immunity that existed under this Section and is inconsistent
26with this amendatory Act of the 100th General Assembly is void

 

 

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1on and after the effective date of this amendatory Act of the
2100th General Assembly.
3(Source: P.A. 94-387, eff. 7-29-05.)".