HEARINGS SCHEDULED JANUARY 9, 2008 in LOB Room 301 1:30 pm
PLEASE SEND A REPRESENTATIVE TO THIS HEARING !
HB 1474-FN relative to construction and operation of shooting ranges (see page 2 herein)
HB 1476 relative to shooting ranges (see page 3 herein)
Under current New Hampshire law, with certain conditions, shooting ranges are exempt from fees under the hazardous waste cleanup funds fees pursuant to R.S.A. 147-B:8, (see 147-B:9 V), and planning and zoning of shooting ranges is governed under R.S.A. 676:4.
New Hampshire R.S.A. 159-B currently provides protection for ranges from noise complaints, New Hampshire R.S.A. 159: 26 provides that only the state (not cities or towns) can regulate enumerated matters pertaining to firearms. If HB 1474 were to become law, towns and city governments would have authority over your range, and this law would implicitly provide yet another method of "temporarily suspend[ding] activities under paragraph I (*II of HB 1474) until "the facility to correct the condition or to adopt alternative, environmentally compliant
procedures".
As the law is now, there is no provision under the law for closing down a shooting range because of "safety" (whatever that means) issues. Both NH 1476 and HB 1474 would provide a law that could do just that. HB 1474 provides a mechanism to potentially cost shooting ranges tens of thousands of dollars in legal fees defending against "safety" hazards requiring expert testimony about what is or isn’t "safe" and allowing anti-gun plaintiff’s to put the issue before a jury, as the "safety" issue. HB 1474 would also have the "county sheriff or the sheriff’s designee to inspect the range to ensure that the design and construction of the facility is appropriate for its intended use…" County sheriff’s are not experts in range design and construction, and surely should not be wielding this amount of power pertaining to shooting ranges.
HB 1476, albeit much shorter is arguably much more dangerous, if passed, HB 1476 would allow the
implementation of as yet unknown "nationally recognized safety standards" (EPA, NRA, DES, OSHA, Handgun Control? Who decides?) to be forced on New Hampshire shooting clubs. Currently, common sense and compliance with zoning and planning laws pursuant to R.S.A. 676:4 is required. If HB 1476 is allowed to become law how long will shooters have to wait before these "nationally recognized safety standards" are identified, and can the shooting community afford to build a range that is "safe" enough?
HB 1476 seeks to amend R.S.A. 159-B by inserting after section 4 the following new section, "159-B:4-a Closure Prohibited. No state agency or municipality shall close or permanently suspend the operation of a shooting range that is designed, constructed, and operated in compliance with nationally recognized safety standards for shooting and training activities without the written consent of the owners of the shooting range."
HB 1474-FN – AS INTRODUCED 08-2476
05/04 AN ACT relative to the construction and operation of shooting ranges.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Bedrick, Rock 4; Rep. Hutchinson, Rock 3; Rep. Welch, Rock 8; Sen.Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19
COMMITTEE: Municipal and County Government
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
AN ACT relative to the construction and operation of shooting ranges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Construction and Operation of Shooting Ranges. Amend RSA 159-B by inserting after section 2
the following new sections:
159-B:2-a Operation of Shooting Ranges.
I. No political subdivision of the state, nor any agency or court shall enjoin, suspend, stop, or interfere with the operation of an existing shooting range established prior to the effective date of this section unless there is clear and convincing evidence that the shooting range willfully:
(a) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facility;
(b) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facilities and activities on adjacent property or on adjacent public rights of way; or (c) Conducted activities which have created a demonstrable environmental hazards known to be harmful to the public safety and has been given 60 to 90 days to correct the offending issue, and has not done so. II. The suspension of operations of a shooting range shall only be for the period of time necessary for the facility
to correct the condition or to adopt alternative, environmentally compliant procedures. In no case shall the basis for a temporary suspension of activities under paragraph I be grounds for permanent closure of the facility.
159-B:2-b New Construction of Shooting Range.
I. Construction of a shooting range shall be permitted by special exception to the zoning ordinance of any municipality in this state provided that the shooting range complies with nationally recognized design standards
and specifications for shooting ranges and the proposed design is consistent with the type of arms training to be provided.
II. The county sheriff or the sheriff’s designee shall inspect the shooting range to ensure that the design and construction of the facility is appropriate for its intended use and shall issue a certification authorizing the operation and use of the shooting range. The municipality may charge a fee not to exceed $500 for inspection and certification of the shooting range.
2 Definition of Shooting Range. Amend RSA 159-B:8, II to read as follows:
II. "Shooting range" shall mean a property or properties, or portions thereof, designed and operated for persons using rifles, shotguns, pistols, revolvers, or blackpowder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or other similar facilities.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
HB 1476 – AS INTRODUCED
08-2477 -05/01 HOUSE BILL 1476
AN ACT relative to shooting ranges.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Hutchinson, Rock 3; Rep. Bedrick, Rock 4; Rep. Villeneuve, Hills
18; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19; Sen. Kenney, Dist 3
COMMITTEE: Municipal and County Government
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
AN ACT relative to shooting ranges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Shooting Range; Closure Prohibited. Amend RSA 159-B by inserting after section 4 the following new section:
159-B:4-a Closure Prohibited. No state agency or municipality shall close or permanently suspend the operation of a shooting range that is designed, constructed, and operated in compliance with nationally recognized safety standards for shooting and training activities without the written consent of the owners of the shooting range.
2 Effective Date. This act shall take effect 60 days after its passage.
PLEASE SEND A REPRESENTATIVE TO THIS HEARING !
HB 1474-FN relative to construction and operation of shooting ranges (see page 2 herein)
HB 1476 relative to shooting ranges (see page 3 herein)
Under current New Hampshire law, with certain conditions, shooting ranges are exempt from fees under the hazardous waste cleanup funds fees pursuant to R.S.A. 147-B:8, (see 147-B:9 V), and planning and zoning of shooting ranges is governed under R.S.A. 676:4.
New Hampshire R.S.A. 159-B currently provides protection for ranges from noise complaints, New Hampshire R.S.A. 159: 26 provides that only the state (not cities or towns) can regulate enumerated matters pertaining to firearms. If HB 1474 were to become law, towns and city governments would have authority over your range, and this law would implicitly provide yet another method of "temporarily suspend[ding] activities under paragraph I (*II of HB 1474) until "the facility to correct the condition or to adopt alternative, environmentally compliant
procedures".
As the law is now, there is no provision under the law for closing down a shooting range because of "safety" (whatever that means) issues. Both NH 1476 and HB 1474 would provide a law that could do just that. HB 1474 provides a mechanism to potentially cost shooting ranges tens of thousands of dollars in legal fees defending against "safety" hazards requiring expert testimony about what is or isn’t "safe" and allowing anti-gun plaintiff’s to put the issue before a jury, as the "safety" issue. HB 1474 would also have the "county sheriff or the sheriff’s designee to inspect the range to ensure that the design and construction of the facility is appropriate for its intended use…" County sheriff’s are not experts in range design and construction, and surely should not be wielding this amount of power pertaining to shooting ranges.
HB 1476, albeit much shorter is arguably much more dangerous, if passed, HB 1476 would allow the
implementation of as yet unknown "nationally recognized safety standards" (EPA, NRA, DES, OSHA, Handgun Control? Who decides?) to be forced on New Hampshire shooting clubs. Currently, common sense and compliance with zoning and planning laws pursuant to R.S.A. 676:4 is required. If HB 1476 is allowed to become law how long will shooters have to wait before these "nationally recognized safety standards" are identified, and can the shooting community afford to build a range that is "safe" enough?
HB 1476 seeks to amend R.S.A. 159-B by inserting after section 4 the following new section, "159-B:4-a Closure Prohibited. No state agency or municipality shall close or permanently suspend the operation of a shooting range that is designed, constructed, and operated in compliance with nationally recognized safety standards for shooting and training activities without the written consent of the owners of the shooting range."
HB 1474-FN – AS INTRODUCED 08-2476
05/04 AN ACT relative to the construction and operation of shooting ranges.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Bedrick, Rock 4; Rep. Hutchinson, Rock 3; Rep. Welch, Rock 8; Sen.Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19
COMMITTEE: Municipal and County Government
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
AN ACT relative to the construction and operation of shooting ranges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Construction and Operation of Shooting Ranges. Amend RSA 159-B by inserting after section 2
the following new sections:
159-B:2-a Operation of Shooting Ranges.
I. No political subdivision of the state, nor any agency or court shall enjoin, suspend, stop, or interfere with the operation of an existing shooting range established prior to the effective date of this section unless there is clear and convincing evidence that the shooting range willfully:
(a) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facility;
(b) Demonstrated a consistent and ongoing pattern of operation which has created a demonstrable safety hazard to individuals using the facilities and activities on adjacent property or on adjacent public rights of way; or (c) Conducted activities which have created a demonstrable environmental hazards known to be harmful to the public safety and has been given 60 to 90 days to correct the offending issue, and has not done so. II. The suspension of operations of a shooting range shall only be for the period of time necessary for the facility
to correct the condition or to adopt alternative, environmentally compliant procedures. In no case shall the basis for a temporary suspension of activities under paragraph I be grounds for permanent closure of the facility.
159-B:2-b New Construction of Shooting Range.
I. Construction of a shooting range shall be permitted by special exception to the zoning ordinance of any municipality in this state provided that the shooting range complies with nationally recognized design standards
and specifications for shooting ranges and the proposed design is consistent with the type of arms training to be provided.
II. The county sheriff or the sheriff’s designee shall inspect the shooting range to ensure that the design and construction of the facility is appropriate for its intended use and shall issue a certification authorizing the operation and use of the shooting range. The municipality may charge a fee not to exceed $500 for inspection and certification of the shooting range.
2 Definition of Shooting Range. Amend RSA 159-B:8, II to read as follows:
II. "Shooting range" shall mean a property or properties, or portions thereof, designed and operated for persons using rifles, shotguns, pistols, revolvers, or blackpowder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or other similar facilities.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
HB 1476 – AS INTRODUCED
08-2477 -05/01 HOUSE BILL 1476
AN ACT relative to shooting ranges.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Hutchinson, Rock 3; Rep. Bedrick, Rock 4; Rep. Villeneuve, Hills
18; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19; Sen. Kenney, Dist 3
COMMITTEE: Municipal and County Government
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
AN ACT relative to shooting ranges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Shooting Range; Closure Prohibited. Amend RSA 159-B by inserting after section 4 the following new section:
159-B:4-a Closure Prohibited. No state agency or municipality shall close or permanently suspend the operation of a shooting range that is designed, constructed, and operated in compliance with nationally recognized safety standards for shooting and training activities without the written consent of the owners of the shooting range.
2 Effective Date. This act shall take effect 60 days after its passage.
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