96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2037


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		








 




740 ILCS 130/5









    Amends the Premises Liability Act. Makes a technical change in a Section concerning firearm ranges.
















LRB096 05510 AJO 15576 b

















 


 


A BILL FOR









 











HB2037

LRB096 05510 AJO 15576 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:

 
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    Section 5. The Premises Liability Act is amended by 
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changing Section 5 as follows:
 
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    (740 ILCS 130/5)

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    Sec. 5. Firearm ranges; liability.


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

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


 


 






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    (c) An owner or operator of a firearm range placed in 
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operation after
January 1, 1994, is immune from any criminal 
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liability and is not
subject to any action for public or 
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private nuisance or trespass arising out
of or as a consequence 
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of noise or sound emissions resulting from the normal
use of 
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the firearm range, if the firearm range conforms to any one of 
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the
following requirements:


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


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


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


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


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


 


 






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