HP1023
LD 1500
Session - 127th Maine Legislature
 
LR 2498
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Protect and Promote Access to Sport Shooting Ranges

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 8 MRSA c. 33  is enacted to read:

CHAPTER 33

SPORT SHOOTING RANGES

§ 1201 Protection of sport shooting ranges

1 Definition.   As used in this section, unless the context otherwise indicates, "sport shooting range" has the same meaning as in Title 30-A, section 3011, subsection 1.
2 Application of law.   Notwithstanding any other provision of law, a statute, rule, ordinance or other provision of law enacted or adopted after the establishment of a sport shooting range that if applied to that sport shooting range would cause the closure of that sport shooting range or substantially limit sport shooting at that sport shooting range does not apply to that sport shooting range and that sport shooting range is immune from suit, including but not limited to private and public civil actions, nuisance actions and actions for injunctive relief, based on a claim based on the statute, rule, ordinance or other provision of law. This subsection does not apply to or provide immunity from a suit based on negligence or recklessness in the operation of a sport shooting range or by a person using a sport shooting range.
3 Authorized activities.   Notwithstanding any other provision of law, a sport shooting range may:
A Repair, remodel, reconstruct or reinforce any building or structure as necessary to protect public safety or to secure the continued use of that building or structure;
B Repair, restore, reconstruct or resume the use of a nonconforming building or structure damaged by fire, collapse, explosion or an act of God or otherwise; and
C Take action consistent with generally accepted operation practices for sport shooting ranges, including but not limited to:

(1) Expanding or increasing its membership or opportunities for public participation; and

(2) Expanding or increasing its events and activities.

summary

This bill provides that a statute, rule, ordinance or other provision of law enacted or adopted after the establishment of a sport shooting range that if applied to that sport shooting range would cause the closure of that sport shooting range or substantially limit sport shooting at that sport shooting range does not apply to that sport shooting range and that sport shooting range is immune from suit, including but not limited to private and public civil actions, nuisance actions and actions for injunctive relief, based on a claim based on the statute, rule, ordinance or other provision of law.

It allows a sport shooting range to:

1. Repair, remodel, reconstruct or reinforce any building or structure as necessary to protect public safety or to secure the continued use of that building or structure;

2. Repair, restore, reconstruct or resume the use of a nonconforming building or structure damaged by fire, collapse, explosion or an act of God or otherwise; and

3. Take action consistent with generally accepted operation practices for sport shooting ranges, including but not limited to expanding or increasing its membership or opportunities for public participation and expanding or increasing its events and activities.


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