MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary B

By: Representatives Hood, Crawford

House Bill 1300

(As Sent to Governor)

AN ACT TO AMEND SECTION 17-25-15, MISSISSIPPI CODE OF 1972, TO PROVIDE GUIDELINES FOR SPORT-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 rimfire 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 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;

          (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 * * *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 July 1, 2016.