MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary B

By: Representatives Hood, Crawford

House Bill 1300

AN ACT TO AMEND SECTIONS 17-25-15 AND 95-13-1, MISSISSIPPI CODE OF 1972, TO PROVIDE GUIDELINES FOR SPORTS SHOOTING RANGES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 17-25-15, Mississippi Code of 1972, is amended as follows:

     17-25-15.  (1)  An established 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.

     In order to qualify for the provisions of this subsection, an established outdoor shooting range must be:

          (a)  Constructed in a manner not reasonably expected to allow a projectile to cross the boundary of the tract; or

          (b)  Located on a tract of land of ten (10) acres or more and with any firing line more than one hundred fifty (150) feet from a residence or occupied building located on another property if a shotgun, air rifle or air pistol, BB gun or bow and arrow is discharged; or

          (c)  Located on a tract of land of fifty (50) acres or more and with any firing line more than three hundred (300) feet from a residence or occupied building located on another property if a center fire or rim fire rifle or pistol or a muzzle-loading rifle or pistol of any caliber is discharged.

     (2)  No new ordinance of a local unit of government shall prohibit an established sport-shooting range that is in existence on March 31, 2008, 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 or destroyed, in whole or in part, by fire, collapse, explosion, act of nature or act of war occurring after March 31, 2008;

          (c)  Expand or enhance its membership or opportunities for public participation;

          (d)  * * *Reasonably Expand or increase facilities or activities.

     (3)  The right to operate as a sport-shooting range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties to the extent that any sport-shooting range has been issued permission to operate as a sport-shooting range, whether as of right or by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority.

     ( * * *34)  A person who subsequently acquires title to or leases or otherwise uses or exercises control over real property adversely affected by the normal operation or use of property with an established sport-shooting range shall not maintain a nuisance action against the range or the person who owns, leases or otherwise uses or exercises control over the range to restrain, enjoin or impede the use of the range unless it is authorized by Section 95-13-1 * * *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.  Section 95-13-1, Mississippi Code of 1972, is amended as follows:

     95-13-1.  (1)  It is the policy of this state to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges for shotgun, rifle, and pistol shooting.

     ( * * *12)  As used in this section, unless the context otherwise requires:

          (a)  "Expert" means a person who is:

              (i)  Giving opinion testimony about the appropriate standard of care for the operation or use of a sport-shooting range, an owner or operator of a sport-shooting range, or the owner of real property on which a sport-shooting range is operated, or the causal relationship between the injury, harm, or damages claimed and the alleged departure from the applicable standard of care; and

              (ii)  Qualified to render opinions on the standards and causal relationship described by the Rules of Evidence of this state.

          ( * * *ab)  "Local unit of government" means a county, municipality or other entity of local government;

          ( * * *bc)  "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity; and

          ( * * *cd)  "Sport-shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting which complies with the provisions of subsection (3) of this section. 

 * * *(2)  (a)  Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport‑shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range is in compliance with all noise control laws, resolutions, ordinances or regulations, issued by a local unit of government, that applied to the range and its operation at the time the range was constructed and began operation. 

  (b)  A person who operates or uses a sport‑shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with all noise control laws, resolutions, ordinances or regulations issued by a unit of local government that applied to the range and its operation at the time the range was constructed and began operation. 

  (c)  A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved 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 nature of the use of the range or by a person using the range. 

  (d)  Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of descried level which may occur in the outdoor atmosphere shall not apply to a sport‑shooting range exempted from liability under this section. 

  (e)  Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability except in the limited case of noise pollution. 

(3)  (a)  In order to qualify for the limitation of liability afforded by this section, a sport‑shooting range must be located wholly within a tract or parcel of land consisting of not less than three hundred twenty (320) contiguous acres.  All persons owning property any part of which lies within one thousand (1,000) yards of any boundary of the sport‑shooting range property shall have standing to appear and object to the location of the sport‑shooting range at a hearing to be conducted by the Industrial Development Authority Board. 

  (b)  The person seeking to operate the range and secure the limitation of liability afforded by this section shall bear the expense of the hearing and other costs associated therewith. 

  (c)  Actual notice shall be afforded to all persons having standing to object if the identity and addresses of those persons can be determined by examining the property tax records of the county.  Actual notice shall be made in writing mailed via first class mail, postage prepaid, not less than thirty (30) days prior to the date set for the hearing. 

  (d)  Publication shall be made in a newspaper of general circulation in the county once a week for three (3) weeks, the first such publication to be made not less than thirty (30) days prior to the date of the hearing. 

  (e)  Claims of persons who do not appear and object shall be barred as provided in this section. 

  (f)  Notwithstanding any provision of this section to the contrary, the cause of action of any person owning property in the vicinity of the proposed range and having standing to object prior to the time of the hearing shall not be barred by the provisions of this section provided the property owner registers his complaint with the board at or before the hearing. 

(4)  The provisions of this section shall apply only in a county bordering the State of Tennessee wherein U.S.  Highway 78 intersects State Highway 7 and in a county where U.S.  Highway 61 and State Highway 4 intersect.

SOURCES: Laws, 1999, ch.  530,  1, eff from and after July 1, 1999. 

     (3)  (a)  A local unit of governmental unit may not bring suit against a sport-shooting range, the owner, operator, or lessee of a sport-shooting range, or the owner of real property on which a sport-shooting range is operated, for the lawful discharge of firearms on the sport-shooting range.

          (b)  A person who owns, operates, leases, or uses a sport-shooting range is not subject to civil or criminal prosecution or liability for noise or noise pollution, nuisance, or any other claim not involving physical injury to another human or physical damage to property, resulting from the operation or use of the sport-shooting range as a sport-shooting range and no court may enjoin or restrain the operation or use of a sport-shooting range on the basis of noise or noise pollution including, but not limited to, as a result of any subsequent change in any statute, regulation, or ordinance pertaining to the normal operation or use of a sport-shooting range.

          (c)  A person who is shooting in the customary or a generally acceptable manner at a sport-shooting range is presumed to not be engaging in disorderly or other unlawful conduct merely because of the noise caused by the shooting.

          (d)  Except as provided in paragraph (e), an established sport-shooting range may not be prevented from operation by a state agency, local unit of government, or court unless the sport-shooting range presents a clear and provable safety hazard to the adjacent population.

          (e)  If a pressing public need exists because of incompatibility with nearby population or land use, an established sport-shooting range may be relocated by an agency of state government, local unit of government, or court, but only if all of the following conditions are met:

              (i)  Pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;

              (ii)  The agency or unit of local government obtaining the closure pays the fair market value of the land together with improvements to the owners of the sport-shooting range or the land on which it is located.  In return, the owners of the sport-shooting range or the land on which it is located shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.

              (iii)  The owners of the sport-shooting range or the land on which it is located shall not be required to pay the costs of, or otherwise be responsible for, any cleanup of the land, nor shall such costs be counted against the fair market value of the land and improvements as contemplated in subparagraph (ii).

          (f)  If a sport-shooting range presents a clear and provable safety hazard to adjacent population, the sport range may be suspended from operation if:

              (a)  Reasonable notice and opportunity to respond are afforded the sport-shooting range operators; and

              (b)  Reasonable opportunity is afforded the sport-shooting range operators to correct any safety defects.

     (4)  Each person who participates in sport-shooting at a sport-shooting range accepts the risks associated with the sport to the extent the risks are obvious and inherent.  Those risks include, but are not limited to, injuries that may result from noise, the discharge of firearms, and the firing of live ammunition.

     (5)  Expert report.  (a)  In a suit against a sport-shooting range, an owner, operator, or lessee of a sport-shooting range, or the owner of real property on which a sport-shooting range is operated, a claimant shall, not later than the 90th day after the date the original petition was filed, serve on each party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each defendant against whom a claim is asserted.  The date for serving the report may be extended by written agreement of the affected parties. Each defendant whose conduct is implicated in a report must file and serve any objection to the sufficiency of the report not later than the 21st day after the date the report is served or all objections are waived.

          (b)  If, as to a defendant, an expert report has not been served within the period specified by paragraph (a), the court, on the motion of the affected defendant, shall, subject to paragraph (c), enter an order that:

              (i)  Awards to the affected defendant attorney's fees and costs of court incurred by the defendant; and

              (ii)  Dismisses the claim with prejudice with respect to the affected defendant.

          (c)  If an expert report has not been served within the period specified by paragraph (a) because elements of the report are found deficient, the court may grant one extension of not more than thirty 30 days to the claimant in order to cure the deficiency.  If the claimant does not receive notice of the court's ruling granting the extension until after the 90th day after the date the deadline has passed, then the thirty (30)day extension runs from the date the plaintiff first receives the notice.

          (d)  Notwithstanding any other provision of this section, a claimant may satisfy any requirement of this section for serving an expert report by serving reports of separate experts regarding different defendants or regarding different issues arising from the conduct of a defendant, including issues of liability and causation.  Nothing in this section shall be construed to mean that a single expert must address all liability and causation issues with respect to all defendants or with respect to both liability and causation issues for a defendant.

          (e)  A court shall grant a motion challenging the adequacy of an expert report only if it appears to the court, after a hearing, that the report does not represent an objective, good faith effort to comply with the requirements of an expert report.

          (f)  Until a claimant has served the expert report and curriculum vitae as required by paragraph (a), all discovery is stayed except that after a claim is filed all claimants, collectively, may take not more than two depositions before the expert report is served as required by paragraph (a).

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2016.