2008 Regular Session
To: Municipalities; County Affairs
By: Senator(s) Michel, Kirby, Lee (35th), Dearing, McDaniel, Chassaniol, Burton, Mettetal, Yancey, Flowers, Jackson (15th), Nunnelee, Browning, Clarke, Davis (1st), Brown, Montgomery, Watson, Ward, Horhn, Wilemon, Dickerson, Fillingane, Hudson, Blount, Carmichael, Jackson (11th)
AN ACT TO PROVIDE THAT LOCAL GOVERNMENT MAY NOT PLACE CERTAIN RESTRICTIONS ON EXISTING SHOOTING RANGES TO LIMIT THE RIGHT OF CERTAIN OWNERS ADJOINING A SHOOTING RANGE TO BRING A NUISANCE ACTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A sport shooting range that is not in violation of a state law or an ordinance of a unit of local government prior to the enactment of a new ordinance of a unit of local government affecting the range may continue in operation even if, at or after the time of the enactment of the new ordinance, the operation of the sport shooting range is not in compliance with the new ordinance.
(2) No new ordinance of a local unit of government shall prohibit a sport shooting range that is in existence on the effective date of this section from doing any of the following within the existing geographic boundaries of the sport shooting range:
(a) Repair, remodel or reinforce any building or improvement as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;
(b) Reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of nature or act of war occurring after the effective date of this section;
(c) Expand or enhance its membership or opportunities for public participation;
(d) Reasonably expand or increase facilities or activities.
(3) A person who subsequently acquires title to real property affected by the use of property with a permanently located shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin or impede the use of the range where there has not been a substantial change in the hours of operation of the range, the types of firearms used at the range or the number of persons using the range.
SECTION 2. This act shall take effect and be in force from and after its passage.