HB1474 (2008) Detail

Relative to the construction and operation of shooting ranges.


HB 1474-FN – AS INTRODUCED

2008 SESSION

08-2476

05/04

HOUSE BILL 1474-FN

AN ACT relative to the construction and operation of shooting ranges.

SPONSORS: Rep. Baldasaro, Rock 3; Rep. Bedrick, Rock 4; Rep. Hutchinson, Rock 3; Rep. Welch, Rock 8; Sen. Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19

COMMITTEE: Municipal and County Government

ANALYSIS

This bill permits the temporary suspension of shooting ranges only under certain circumstances. The bill also requires municipalities to grant a special exception for construction of new shooting ranges.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2476

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the construction and operation of shooting ranges.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Sections; Construction and Operation of Shooting Ranges. Amend RSA 159-B by inserting after section 2 the following new sections:

159-B:2-a Operation of Shooting Ranges.

I. No political subdivision of the state, nor any agency or court shall enjoin, suspend, stop, or interfere with the operation of an existing shooting range established prior to the effective date of this section unless there is clear and convincing evidence that the shooting range willfully:

(a) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facility;

(b) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facilities and activities on adjacent property or on adjacent public rights of way; or

(c) Conducted activities which have created a demonstrable environmental hazards known to be harmful to the public safety and has been given 60 to 90 days to correct the offending issue, and has not done so.

II. The suspension of operations of a shooting range shall only be for the period of time necessary for the facility to correct the condition or to adopt alternative, environmentally compliant procedures. In no case shall the basis for a temporary suspension of activities under paragraph I be grounds for permanent closure of the facility.

159-B:2-b New Construction of Shooting Range.

I. Construction of a shooting range shall be permitted by special exception to the zoning ordinance of any municipality in this state provided that the shooting range complies with nationally recognized design standards and specifications for shooting ranges and the proposed design is consistent with the type of arms training to be provided.

II. The county sheriff or the sheriff’s designee shall inspect the shooting range to ensure that the design and construction of the facility is appropriate for its intended use and shall issue a certification authorizing the operation and use of the shooting range. The municipality may charge a fee not to exceed $500 for inspection and certification of the shooting range.

2 Definition of Shooting Range. Amend RSA 159-B:8, II to read as follows:

II. “Shooting range” shall mean a property or properties, or portions thereof, designed and operated for persons using rifles, shotguns, pistols, revolvers, or blackpowder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or other similar facilities.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

08-2476

11/16/07

HB 1474-FN - FISCAL NOTE

AN ACT relative to the construction and operation of shooting ranges.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill may increase local revenue and expenditures by an indeterminable amount in FY 2008 and each year thereafter. There is no fiscal impact on state and county revenue or expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association indicates this bill limits the ability of a political subdivision, agency or court to interfere with the operation of an existing shooting range and requires municipalities to grant a special exception for construction of new shooting ranges. The Association states the bill also requires the design and construction of a new shooting range be inspected by local law enforcement. A municipality will be allowed to charge a fee not exceeding $500 for the inspection. The Association states the inspection may result in an indeterminable increase in local expenditures and revenue.