130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 209

REPRESENTATIVES ROMAN-WACHTMANN-HODGES-TIBERI-WINKLER-TAYLOR- MOTTLEY-HOOD-VESPER-PADGETT-THOMPSON-BATEMAN-MAIER-LOGAN- JORDAN-JACOBSON-CLANCY-METZGER-HARRIS-OGG-CATES-GARCIA- CAREY-VAN VYVEN-WISE-KREBS-OPFER-BATCHELDER-LUCAS-WESTON- GRENDELL-SCHULER-HAINES-REID


A BILL
To enact sections 1533.83, 1533.84, 1533.85, and 1533.86 of the Revised Code to provide limited immunity from civil and criminal liability to persons who operate or use shooting ranges.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:


Section 1. That sections 1533.83, 1533.84, 1533.85, and 1533.86 of the Revised Code be enacted to read as follows:

Sec. 1533.83. AS USED IN SECTIONS 1533.83 TO 1533.86 OF THE REVISED CODE:

(A) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, TRUST, ESTATE, BUSINESS TRUST, ASSOCIATION, CORPORATION, GOVERNMENTAL AUTHORITY, OR POLITICAL SUBDIVISION OF THE STATE.

(B) "POLITICAL SUBDIVISION" MEANS A MUNICIPAL CORPORATION, TOWNSHIP, COUNTY, OR OTHER BODY CORPORATE AND POLITIC RESPONSIBLE FOR GOVERNMENTAL ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN THAT OF THE STATE.

(C) "GOVERNMENTAL AUTHORITY" MEANS ANY AGENCY, DEPARTMENT, OFFICER, OR AUTHORIZED EMPLOYEE OF THE STATE, A POLITICAL SUBDIVISION, OR A COURT. "GOVERNMENTAL AUTHORITY" DOES NOT INCLUDE THE GOVERNOR, THE GENERAL ASSEMBLY, THE SUPREME COURT, OR THE COURT OF CLAIMS.

(D) "SHOOTING RANGE" MEANS A FACILITY OPERATED FOR THE PURPOSE OF SHOOTING WITH FIREARMS OR ARCHERY EQUIPMENT, WHETHER PUBLICLY OR PRIVATELY OWNED AND WHETHER OR NOT OPERATED FOR PROFIT, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL BIRD SHOOTING PRESERVES AND WILD ANIMAL HUNTING PRESERVES ESTABLISHED PURSUANT TO THIS CHAPTER.

Sec. 1533.84. THE CHIEF OF THE DIVISION OF WILDLIFE, IN ACCORDANCE WITH SECTION 1531.10 of the Revised Code, SHALL ADOPT RULES ESTABLISHING GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF A SHOOTING RANGE FOR THE LIMITATION AND SUPPRESSION OF NOISE AND FOR PUBLIC SAFETY. THE CHIEF SHALL FILE THE PROPOSED RULES IN ACCORDANCE WITH SECTION 1531.10 of the Revised Code WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.

Sec. 1533.85. (A) A PERSON WHO OWNS, OPERATES, OR USES A SHOOTING RANGE IS NOT SUBJECT TO CIVIL ACTION, CRIMINAL PROSECUTION, INJUNCTION FOR NUISANCE, OR RESTRICTION BY REGULATION IN ANY MATTER RELATING TO THE PRODUCTION, LIMITATION, OR SUPPRESSION OF NOISE IF THE RANGE IS IN SUBSTANTIAL COMPLIANCE WITH THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 1533.84 of the Revised Code.

(B) THIS SECTION DOES NOT PROHIBIT ANY CIVIL OR CRIMINAL ACTION FOR THE NEGLIGENT ACTS OF A PERSON WHO OWNS, OPERATES, OR USES A SHOOTING RANGE UNLESS THE LIABILITY IS FOR ACTS THAT CONFORM TO THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 1533.84 of the Revised Code.

(C) EACH PERSON WHO ATTENDS A SHOOTING RANGE ACCEPTS THE RISKS ASSOCIATED WITH SHOOTING TO THE EXTENT THAT THE RISKS ARE OBVIOUS AND INHERENT, INCLUDING, BUT NOT LIMITED TO, INJURIES THAT MAY RESULT FROM NOISE, DISCHARGE OF A PROJECTILE, OR MALFUNCTION OF SHOOTING EQUIPMENT NOT SUPPLIED BY THE OWNER OR OPERATOR OF THE SHOOTING RANGE.

Sec. 1533.86. EXCEPT AS PROVIDED IN THIS SECTION, A POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY NOT PROHIBIT OR REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, OR REPAIR OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING RANGE. A POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY MAY PROHIBIT OR REGULATE THE ENLARGEMENT, RECONSTRUCTION, REMODELING, OR REPAIR OF A STRUCTURE OR FACILITY THAT IS PART OF A SHOOTING RANGE IF THE PROHIBITION OR REGULATION IS GENERALLY APPLICABLE TO OTHER STRUCTURES OR FACILITIES UNDER THE JURISDICTION OF THE POLITICAL SUBDIVISION OR GOVERNMENTAL AUTHORITY AND THE PROHIBITION OR REGULATION DOES NOT PREVENT OR IMPAIR ACTIVITIES CONDUCTED IN ACCORDANCE WITH THE GENERALLY ACCEPTED PRACTICES IN THE OPERATION OF THE SHOOTING RANGE ESTABLISHED BY RULES ADOPTED PURSUANT TO SECTION 1533.84 of the Revised Code.

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