As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 209 5
1997-1998 6
REPRESENTATIVES ROMAN-WACHTMANN-HODGES-TIBERI-WINKLER-TAYLOR- 8
MOTTLEY-HOOD-VESPER-PADGETT-THOMPSON-BATEMAN-MAIER-LOGAN- 9
JORDAN-JACOBSON-CLANCY-METZGER-HARRIS-OGG-CATES-GARCIA- 10
CAREY-VAN VYVEN-WISE-KREBS-OPFER-BATCHELDER-LUCAS-WESTON- 11
GRENDELL-SCHULER-HAINES-REID 12
14
A B I L L
To enact sections 1533.83, 1533.84, 1533.85, and 16
1533.86 of the Revised Code to provide limited 17
immunity from civil and criminal liability to 18
persons who operate or use shooting ranges. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 1533.83, 1533.84, 1533.85, and 23
1533.86 of the Revised Code be enacted to read as follows: 25
Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.86 OF 27
THE REVISED CODE: 28
(A) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, TRUST, 31
ESTATE, BUSINESS TRUST, ASSOCIATION, CORPORATION, GOVERNMENTAL 32
AUTHORITY, OR POLITICAL SUBDIVISION OF THE STATE. 33
(B) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, 35
TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE 37
FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN 38
THAT OF THE STATE. 39
(C) "GOVERNMENTAL AUTHORITY" MEANS ANY AGENCY, DEPARTMENT, 41
OFFICER, OR AUTHORIZED EMPLOYEE OF THE STATE, A POLITICAL 42
SUBDIVISION, OR A COURT. "GOVERNMENTAL AUTHORITY" DOES NOT 43
INCLUDE THE GOVERNOR, THE GENERAL ASSEMBLY, THE SUPREME COURT, OR 44
THE COURT OF CLAIMS.
(D) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE 46
2
PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER 47
PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR 49
PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING 50
PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT 51
TO THIS CHAPTER.
Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN 53
ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE, SHALL ADOPT 54
RULES ESTABLISHING GENERALLY ACCEPTED PRACTICES IN THE OPERATION 55
OF A SHOOTING RANGE FOR THE LIMITATION AND SUPPRESSION OF NOISE 56
AND FOR PUBLIC SAFETY. THE CHIEF SHALL FILE THE PROPOSED RULES 57
IN ACCORDANCE WITH SECTION 1531.10 OF THE REVISED CODE WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. 58
Sec. 1533.85. (A) A PERSON WHO OWNS, OPERATES, OR USES A 60
SHOOTING RANGE IS NOT SUBJECT TO CIVIL ACTION, CRIMINAL 62
PROSECUTION, INJUNCTION FOR NUISANCE, OR RESTRICTION BY 63
REGULATION IN ANY MATTER RELATING TO THE PRODUCTION, LIMITATION, 64
OR SUPPRESSION OF NOISE IF THE RANGE IS IN SUBSTANTIAL COMPLIANCE
WITH THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE 65
SHOOTING RANGE ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 66
1533.84 OF THE REVISED CODE.
(B) THIS SECTION DOES NOT PROHIBIT ANY CIVIL OR CRIMINAL 69
ACTION FOR THE NEGLIGENT ACTS OF A PERSON WHO OWNS, OPERATES, OR 70
USES A SHOOTING RANGE UNLESS THE LIABILITY IS FOR ACTS THAT 71
CONFORM TO THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF 72
THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED PURSUANT TO 73
SECTION 1533.84 OF THE REVISED CODE.
(C) EACH PERSON WHO ATTENDS A SHOOTING RANGE ACCEPTS THE 75
RISKS ASSOCIATED WITH SHOOTING TO THE EXTENT THAT THE RISKS ARE 76
OBVIOUS AND INHERENT, INCLUDING, BUT NOT LIMITED TO, INJURIES 78
THAT MAY RESULT FROM NOISE, DISCHARGE OF A PROJECTILE, OR 79
MALFUNCTION OF SHOOTING EQUIPMENT NOT SUPPLIED BY THE OWNER OR 80
OPERATOR OF THE SHOOTING RANGE.
Sec. 1533.86. EXCEPT AS PROVIDED IN THIS SECTION, A 83
POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY NOT PROHIBIT
3
OR REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, OR 84
REPAIR OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING 85
RANGE. A POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY 86
PROHIBIT OR REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, 88
OR REPAIR OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING 89
RANGE IF THE PROHIBITION OR REGULATION IS GENERALLY APPLICABLE TO 91
OTHER STRUCTURES OR FACILITIES UNDER THE JURISDICTION OF THE
POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY AND THE 92
PROHIBITION OR REGULATION DOES NOT PREVENT OR IMPAIR ACTIVITIES 94
CONDUCTED IN ACCORDANCE WITH THE GENERALLY ACCEPTED PRACTICES IN 95
THE OPERATION OF THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED 96
PURSUANT TO SECTION 1533.84 OF THE REVISED CODE.