LRB-4820/2
MLJ:kjf&wlj
2017 - 2018 LEGISLATURE
January 8, 2018 - Introduced by Representatives Stafsholt, Kleefisch,
Brandtjen, R. Brooks, Edming, Felzkowski, Jarchow, Krug, Pronschinske,
Quinn, Skowronski and Tauchen, cosponsored by Senators Tiffany, Moulton
and Wanggaard. Referred to Committee on Natural Resources and Sporting
Heritage.
AB820,1,3 1An Act to create 895.08 of the statutes; relating to: the standard of proof
2required to effect a temporary or permanent closure of a sport shooting range
3based on an unsafe condition.
Analysis by the Legislative Reference Bureau
This bill creates a procedure that law enforcement officers and courts must
follow to temporarily or permanently close any portion of a sport shooting range due
to an alleged unsafe condition on the premises.
Under the bill, a law enforcement officer may order the owner or operator of a
sport shooting range to cease a portion of the operation for up to 72 hours if the officer
has probable cause to believe a clear and immediate public safety hazard exists at
the sport shooting range. The bill defines a “clear and immediate public safety
hazard” as an unsafe condition that originates from, or is at, a sport shooting range
and that could reasonably be expected to cause death or serious injury to an
individual. Under the bill, a court may, in response to a petition filed by an individual
or a local unit of government, order the owner or operator of a sport shooting range
to cease a portion of the operation for up to 72 hours if it finds by a preponderance
of the evidence that a clear and immediate public safety hazard is present. When a
court issues such an order, it must also order the petitioner to submit a report from
an investigator within five days identifying any clear and immediate public safety
hazard that may warrant permanent cessation of any portion of the sport shooting
range's operation. If the court finds such a clear and immediate public safety hazard,
the court must order the owner or operator of the sport shooting range to remedy the

condition to eliminate the public safety hazard. If the owner or operator of the sport
shooting range demonstrates to the court that it has properly remedied the unsafe
condition, the court must lift any order to cease a portion of the sport shooting range's
operation. This procedure applies retroactively.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB820,1 1Section 1. 895.08 of the statutes is created to read:
AB820,2,3 2895.08 Sport shooting ranges; actions related to safety. (1) Definitions.
3In this section:
AB820,2,64 (a) “Clear and immediate public safety hazard" means an unsafe condition that
5originates from, or is at, a sport shooting range and that could reasonably be expected
6to cause death or serious injury to an individual.
AB820,2,97 (b) “Local unit of government" means the governing body of a county, city, town,
8village, or the elected tribal governing body of a federally recognized American
9Indian tribe or band in this state.
AB820,2,1010 (c) “Sport shooting range" has the meaning given in s. 895.527 (1).
AB820,2,14 11(2) Temporary closure generally prohibited. (a) Except as provided in pars.
12(b) and (c), no law enforcement officer or court may require the owner or operator of
13a sport shooting range to cease or suspend any portion of its operation because of an
14alleged or actual unsafe condition at, or originating from, the sport shooting range.
AB820,3,215 (b) A law enforcement officer may order the owner or operator of a sport
16shooting range to cease or suspend a portion of its operation if he or she has probable
17cause to believe that the portion of the operation constitutes a clear and immediate
18public safety hazard. A law enforcement officer may not order cessation or
19suspension of any portion of the sport shooting range's operation that he or she does
20not have probable cause to believe constitutes a clear and immediate public safety

1hazard and may not order cessation or suspension under this paragraph for more
2than 72 hours.
AB820,3,73 (c) 1. A court may, upon petition by a local unit of government or an individual,
4order the owner or operator of a sport shooting range to cease or suspend a portion
5of its operation if the court finds, upon a preponderance of the evidence presented,
6that the portion of the sport shooting range's operation constitutes a clear and
7immediate public safety hazard.
AB820,3,98 2. There is a rebuttable presumption that no portion of a sport shooting range's
9operation constitutes a clear and immediate public safety hazard.
AB820,3,1410 3. No court may order cessation or suspension of any portion of the sport
11shooting range's operation that it does not find to constitute a clear and immediate
12public safety hazard. No court may order cessation or suspension under this
13paragraph for more than 72 hours. A court that orders cessation or suspension under
14this paragraph shall proceed under sub. (3).
AB820,3,21 15(3) Investigation, findings, and orders for remediation. (a) Upon issuing an
16order under sub. (2) (c), a court shall order the petitioner to submit, not later than
175 days after it issues the order, a report from an investigator that identifies any
18unsafe condition at, or originating from, a sport shooting range and that identifies
19whether or not the unsafe condition constitutes a clear and immediate public safety
20hazard that may warrant permanent cessation of any portion of the sport shooting
21range's operation.
AB820,4,222 (b) A court may find that an unsafe condition may warrant permanent
23cessation of any portion of the sport shooting range's operation only upon finding that
24an alleged unsafe condition caused or led to one or more documented events that

1caused immediate danger to the life or safety of an individual and that the alleged
2unsafe condition constitutes a clear and immediate public safety hazard.
AB820,4,113 (c) Upon finding that there is a clear and immediate public safety hazard that
4may warrant permanent cessation of any portion of the sport shooting range's
5operation, the court shall order the owner or operator of a sport shooting range to
6remedy the condition in order to eliminate the clear and immediate public safety
7hazard. A court may issue or extend an order to cease or suspend the portion of the
8sport shooting range's operation that constitutes a clear and immediate public safety
9hazard but may not order the owner or operator of a sport shooting range to cease
10or suspend any portion of the sport shooting range's operation that does not
11constitute a clear and immediate public safety hazard.
AB820,4,1612 (d) Upon a showing by the owner or operator of the sport shooting range that
13he or she has eliminated each condition identified as constituting a clear and
14immediate public safety hazard under par. (c), the court shall lift all orders for
15suspension or cessation of the portion of the sport shooting range's operation relating
16to the condition.
AB820,4,1917 (e) A court may order permanent cessation of the sport shooting range's
18operation only upon finding that a sport shooting range refuses or is unable to comply
19with an order under par. (c).
AB820,4,2420 (f) If a court dismisses a petition filed by a local unit of government or an
21individual on the grounds that the petitioner is unable to demonstrate that a portion
22of a sport shooting range's operation constitutes a clear and immediate public safety
23hazard, the court may order the petitioner to pay the defending party's costs of
24litigation, including reasonable attorneys fees.
AB820,2 25Section 2. Initial applicability.
AB820,5,2
1(1) This act first applies retroactively to a petition filed or an order entered
2against a sport shooting range before the effective date of this subsection.
AB820,5,33 (End)
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