Illinois General Assembly - Full Text of SB0027
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Full Text of SB0027  93rd General Assembly

SB0027 93rd General Assembly


093_SB0027

 
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 1        AN ACT in relation to immunity.

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

 4        Section  5.   The  Premises  Liability  Act is amended by
 5    changing 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
 9    rifle,  pistol,  silhouette,  skeet,  trap,  black powder, or
10    other similar  range  in  this  State  used  for  discharging
11    firearms  in a sporting event, for practice or instruction in
12    the use of a firearm,  or  for  the  testing  of  a  firearm.
13    "Firearm  range"  also   includes licensed shooting preserves
14    and  public  hunting  areas  operated  or  licensed  by   the
15    Department of Natural Resources.
16        (b)  An owner or operator of a firearm range in existence
17    on  January  1,  1994,  is immune from any criminal liability
18    arising out  of  or  as  a  consequence  of  noise  or  sound
19    emissions resulting from the normal use of the firearm range.
20    An owner or operator of a firearm range is not subject to any
21    action  for  public  or  private  nuisance or trespass and no
22    court in this State shall enjoin the use or  operation  of  a
23    firearm  range  on  the  basis  of  noise  or sound emissions
24    resulting from the normal use of the firearm range.
25        (c)  An owner or operator of a firearm  range  placed  in
26    operation  after January 1, 1994, is immune from any criminal
27    liability and is not subject to  any  action  for  public  or
28    private   nuisance  or  trespass  arising  out  of  or  as  a
29    consequence of noise or sound emissions  resulting  from  the
30    normal  use  of  the  firearm  range,  if  the  firearm range
31    conforms to any one of the following requirements:
 
                            -2-          LRB09300006rlc00006b
 1             (1)  All areas from which a firearm may be  properly
 2        discharged  are  at  least  1,000 yards from any occupied
 3        permanent dwelling on adjacent property.
 4             (2)  All areas from which a firearm may be  properly
 5        discharged  are  enclosed  by  a  permanent  building  or
 6        structure  that absorbs or contains sound energy escaping
 7        from the muzzle of firearms in use.
 8             (3)  If  the  firearm  range  is  situated  on  land
 9        otherwise subject to land use zoning, the  firearm  range
10        is  in  compliance  with  the  requirements of the zoning
11        authority.
12             (4)  The firearm range is operated by a governmental
13        entity or  is  licensed  by  the  Department  of  Natural
14        Resources.
15             (5)  The  firearm  range  met  the  requirements  of
16        clause  (1)  of this subsection (c) at the time the range
17        began  its  operation  and   subsequently   an   occupied
18        permanent  dwelling on adjacent property was built within
19        1,000 yards from an  area  of  the  range  from  which  a
20        firearm may be properly discharged.
21    (Source: P.A. 88-598, eff. 8-31-94; 89-445, eff. 2-7-96.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.