RPN:sac:rs
2013 - 2014 LEGISLATURE
January 31, 2014 - Introduced by Representatives Krug, Kleefisch, Marklein,
Czaja, Tittl, Murphy, Skowronski, Ripp and Craig, cosponsored by Senators
S. Fitzgerald, Schultz and Tiffany. Referred to Committee on Natural
Resources and Sporting Heritage.
AB691,1,3
1An Act to amend 895.527 (3) and 895.527 (4); and
to create 895.527 (8), 895.527
2(9) and 895.527 (10) of the statutes;
relating to: liability and immunity of sport
3shooting ranges.
Analysis by the Legislative Reference Bureau
Under current law, a person who owns or operates an area designed and
operated for the use and discharge of firearms (sport shooting range) is immune from
civil liability relating to noise and is not subject to an action for nuisance or to zoning
conditions related to noise. Current law also provides that if a sport shooting range
lawfully existed on July 16, 2013, it may continue to operate as a sport shooting range
at that location even if certain zoning ordinances or laws regulating the discharge
of firearms would otherwise prohibit the operation of the sport shooting range.
Under this bill, a sport shooting range is not subject to any state or local zoning
conditions or rules related to noise or to nonconforming use. The bill expands those
zoning laws that do not apply to sport shooting ranges to include zoning laws related
to shorelands on navigable waters. The bill also provides the owner or operator of
a sports shooting range, and their agents, contractors, customers, lenders, and
insurers immunity from civil liability in any action by the state or its political
subdivisions or by a special purpose district related to the use, release, placement,
or accumulation of any projectiles on or under the sport shooting range or other
contiguous real property that the owner or operator has the legal right to use.
The bill provides immunity from civil action to the owner, operator, officer, or
board member of a sport shooting range, and to any employee or volunteer acting on
behalf of the owner or operator, for any negligent action of a user of the sport shooting
range and to any person who provides a firearms training course in good faith at a
sports shooting range if the course is approved by a national or state organization.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB691,1
1Section
1. 895.527 (3) of the statutes is amended to read:
AB691,2,62
895.527
(3) A person who owns or operates a sport shooting range is not subject
3to an action for nuisance or to
any state or local zoning conditions
or rules, including
4those related to noise
or nonconforming use, and no court may enjoin or restrain the
5operation or use of a sport shooting range on the basis of noise
, non-conforming use,
6or any other state or local zoning condition or rule.
AB691,2,169
895.527
(4) Any sport shooting range that exists on July 16, 2013, may continue
10to operate as a sport shooting range at that location notwithstanding any zoning
11ordinance enacted under s. 59.69,
59.692, 60.61, 60.62, 61.35 or 62.23 (7), if the sport
12shooting range is a lawful use or a legal nonconforming use under any zoning
13ordinance enacted under s. 59.69,
59.692, 60.61, 60.62, 61.35 or 62.23 (7) that is in
14effect on July 16, 2013. The operation of the sport shooting range continues to be a
15lawful use or legal nonconforming use notwithstanding any expansion of, or
16enhancement or improvement to, the sport shooting range.
AB691,3
17Section
3. 895.527 (8) of the statutes is created to read:
AB691,3,518
895.527
(8) An owner or operator of a sport shooting range, or an employee,
19agent, contractor, customer, lender, or insurer of the owner or operator of a sport
20shooting range, and any user of a sport shooting range is immune from civil liability
1in any action commenced by the state or its political subdivisions, or by a special
2purpose district, related to the use, release, placement, deposition, or accumulation
3of any projectiles on or under the sport shooting range or other contiguous real
4property over which the owner or operator of a sport shooting range has an easement,
5leasehold, or other legal right to use.
AB691,4
6Section
4. 895.527 (9) of the statutes is created to read:
AB691,3,117
895.527
(9) (a) An owner, operator, officer, or board member of a sport shooting
8range, and any employee or volunteer acting on behalf of the owner or operator who
9provided recommendations regarding the operation of a sport shooting range, are
10immune from any civil action based solely on the negligent action of a user of the
11sport shooting range.
AB691,3,1412
(b) Any person who provides a firearms training course in good faith at a sport
13shooting range is immune from civil liability for any act or omission related to the
14firearms training course if the course is approved by a national or state organization.
AB691,5
15Section
5. 895.527 (10) of the statutes is created to read:
AB691,3,1716
895.527
(10) This section does not impair or diminish the private property
17rights of owners of property adjoining a sport shooting range.
