Sen. Don Harmon

Filed: 11/28/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5151

2    AMENDMENT NO. ______. Amend House Bill 5151 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 the use of a firearm,
12or for 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) An owner or operator of a firearm range placed in
9operation after January 1, 1994, is immune from any criminal
10liability and is not subject to any action for public or
11private nuisance or trespass arising out of or as a consequence
12of noise or sound emissions resulting from the normal use of
13the firearm range, if the firearm range conforms to any one of
14the following requirements:
15        (1) All areas from which a firearm may be properly
16    discharged are at least 1,000 yards from any occupied
17    permanent dwelling on adjacent property.
18        (2) All areas from which a firearm may be properly
19    discharged are enclosed by a permanent building or
20    structure that absorbs or contains sound energy escaping
21    from the muzzle of firearms in use.
22        (3) If the firearm range is situated on land otherwise
23    subject to land use zoning, the firearm range is in
24    compliance with the requirements of the zoning authority.
25        (4) The firearm range is operated by a governmental
26    entity or is licensed by the Department of Natural

 

 

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1    Resources.
2        (5) The firearm range met the requirements of clause
3    (1) of this subsection (c) at the time the range began its
4    operation and subsequently an occupied permanent dwelling
5    on adjacent property was built within 1,000 yards from an
6    area of the range from which a firearm may be properly
7    discharged.
8(Source: P.A. 94-387, eff. 7-29-05.)".