MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representative Woods

AN ACT TO PROVIDE CIVIL IMMUNITY FOR NOISE POLLUTION FOR SPORT-SHOOTING RANGES; TO DEFINE CERTAIN TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, unless the context otherwise requires:

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

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

(c) "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.

(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 any noise control laws, resolution, 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 any 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.