Senate Bill 2082

AN ACT TO CODIFY SECTION 97-37-28, MISSISSIPPI CODE OF 1972, TO PROHIBIT SHOOTING CERTAIN FIREARMS OR WEAPONS WITHIN A CERTAIN DISTANCE OF A RESIDENCE, CHURCH, OR SCHOOL; TO AMEND SECTION 45-9-57, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO COUNTY REGULATION OF SHOOTING IN SUBDIVISIONS; TO AMEND SECTION 17-25-15, MISSISSIPPI CODE OF 1972, TO CONFORM AS TO PRE-EXISTING OUTDOOR SHOOTING RANGES LOCATED NEAR A RESIDENCE, CHURCH, OR SCHOOL; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 97-37-28, Mississippi Code of 1972:

97-37-28. Any person who willfully and unlawfully shoots or discharges any pistol, shotgun, rifle or firearm of any nature or description, other than an air rifle, air pistol or BB gun, within one thousand (1,000) feet of a residence, school or church, whether actually occupied or not and whether a person is injured thereby or not, shall be punished by imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, or by imprisonment in the county jail for not more than one (1) year, or by fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine, within the discretion and jurisdiction of the court.

SECTION 2. Section 45-9-57, Mississippi Code of 1972, is amended as follows:

45-9-57. A county may regulate the discharge of any firearm or weapon, other than * * * an air rifle or air pistol, BB gun, or bow and arrow within any platted subdivision. However, * * * a county may not prohibit the discharge of any firearm or weapon on land, if such firearm or weapon is discharged in a manner not reasonably expected to cause a projectile from such firearm or weapon to travel across any property line without permission of the property owner, unless the discharge is prohibited under Section 97-37-28.

SECTION 3. Section 17-25-15, Mississippi Code of 1972, is amended as follows:

17-25-15. (1) An established sport-shooting range that * * * was not in violation of a state law or an ordinance of a unit of local government * * * before 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 * * * outdoor shooting range that was established before passage of this act must be:

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

( * * *ii) 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

( * * *iii) 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 rimfire rifle or pistol or a muzzle-loading rifle or pistol of any caliber is discharged.

(b) In order to qualify for the provisions of this subsection, an outdoor shooting range that was established on or after passage of this act must be:

(i) 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, school or church located on another property if an air rifle or air pistol, BB gun or bow and arrow is discharged; or

(ii) Located on a tract of land of fifty (50) acres or more and with any firing line more than one thousand (1,000) feet from a residence, school or church located on another property if a pistol, shotgun, rifle or firearm of any nature or description other than an air rifle or air pistol, BB gun, or bow and arrow is discharged.

(2) No new ordinance of a local unit of government shall prohibit an established sport-shooting range that is in existence on July 1, 2016, 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;

(d) 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, but compliance with Section 97-37-28 may be enforced.

(4) 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.

SECTION 4. This act shall take effect and be in force from and after its passage.