Illinois General Assembly - Full Text of Public Act 094-0387
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Public Act 094-0387


 

Public Act 0387 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0387
 
SB2103 Enrolled LRB094 11205 LCB 41905 b

    AN ACT in relation to immunity.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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) 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.
(Source: P.A. 88-598, eff. 8-31-94; 89-445, eff. 2-7-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2005