CHAPTER 83
HB 1309 – FINAL VERSION
11Mar2004… 0646h
11Mar2004… 0784h
04/15/04 1076s
2004 SESSION
03/01
HOUSE BILL 1309
This bill eliminates certain provisions authorizing local regulation of shooting ranges and makes certain immunities for shooting range owners additionally applicable to operators or users.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2004… 0646h
11Mar2004… 0784h
04/15/04 1076s
03-2248
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Four
AN ACT relative to noise pollution from shooting ranges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
83:1 Purpose. The general court recognizes that maintaining safe shooting ranges within the state is essential to provide places for the training of law enforcement, safety programs for youth, competitive shooting, hunter’s safety training, self defense training for private citizens, and safe affordable shooting environments. The general court encourages shooting range owners and operators to exhibit reasonableness in applying the provisions of this exemption.
83:2 Shooting Ranges. RSA 159-B is repealed and reenacted to read as follows:
CHAPTER 159-B
SHOOTING RANGES
159-B:1 Exemption. Notwithstanding the provisions of RSA 644:2, III(a) or any other law to the contrary, no person who owns, operates, or uses a shooting range in this state shall be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution, provided that the owners of the range are in compliance with any applicable noise control ordinances in existence at the time the range was established, was constructed, or began operations.
159-B:2 Injunctions. The owners, operators, or users of shooting ranges shall not be subject to any action for nuisance and no court shall enjoin the use or operation of a range on the basis of noise or noise pollution, provided that the owners of the range are in compliance with any noise control ordinance that was in existence at the time the range was established, was constructed, or began operations.
159-B:3 Expansion. Subsequent physical expansion of the shooting range or change in the types of firearms in use at the range shall not establish a new date of commencement of operations for the portion or portions in existence prior to the expansion for the purposes of this chapter.
159-B:4 Retroactivity Prohibited. No administrative rule, statute, or ordinance adopted, enacted, or proposed by the state of New Hampshire or its political subdivisions shall be applied retroactively to prohibit or limit the scope of the shooting activities previously conducted at a shooting range, which was in operation prior to the adoption, enactment, enforcement, or proposal of the administrative rule, statute, or ordinance.
159-B:5 Nuisance. Notwithstanding any other law to the contrary, a person may not maintain a nuisance action for noise or noise pollution against a shooting range, or the owners, operators, or users of the range, located in the vicinity of that person’s property, if the shooting range was established, constructed, or being used on a regular basis as of the date the person acquired the property.
159-B:6 Exemption From State Standards. No standard in rules adopted by any state agency for limiting levels of noise in terms of decibel level, which may occur in the outdoor atmosphere, shall apply to the shooting ranges exempted from liability under the provisions of this chapter.
159-B:7 Cause of Action. The owners of a shooting range shall have a right of action in superior court to enforce the provisions of this chapter.
159-B:8 Definitions. In this chapter:
I. “Noise” shall mean the intensity, duration, and character of sounds from shooting.
II. “Shooting range” shall mean a property or properties designed and operated for persons using rifles, shotguns, pistols, revolvers, or blackpowder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or other similar facilities.
83:3 Effective Date. This act shall take effect upon its passage.
(Approved: May 7, 2004)
(Effective Date: May 7, 2004)