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Sen. Don Harmon
Filed: 11/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5151
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5151 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Premises Liability Act is amended by |
| 5 | | changing Section 5 as follows:
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| 6 | | (740 ILCS 130/5)
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| 7 | | Sec. 5. Firearm ranges; liability.
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| 8 | | (a) As used in this Section, "firearm range" means a rifle, |
| 9 | | pistol,
silhouette, skeet, trap, black powder, or other similar |
| 10 | | range in this State
used for discharging firearms in a sporting |
| 11 | | event, for practice or instruction
in the
the use of a firearm, |
| 12 | | or for the testing of a firearm. "Firearm range" also
includes |
| 13 | | licensed shooting preserves and public hunting areas operated |
| 14 | | or
licensed by the Department of Natural Resources.
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| 15 | | (b) An owner or operator of a firearm range in existence on |
| 16 | | January 1,
1994, is immune from any criminal liability arising |
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| 1 | | out of or as a
consequence of noise or sound emissions |
| 2 | | resulting from the normal use of the
firearm range. An owner or |
| 3 | | operator of a firearm range is not
subject to any action for |
| 4 | | public or private nuisance or trespass and no court
in this |
| 5 | | State shall enjoin the use or operation of a firearm range on |
| 6 | | the
basis of noise or sound emissions resulting from the normal |
| 7 | | use of the firearm
range.
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| 8 | | (c) An owner or operator of a firearm range placed in |
| 9 | | operation after
January 1, 1994, is immune from any criminal |
| 10 | | liability and is not
subject to any action for public or |
| 11 | | private nuisance or trespass arising out
of or as a consequence |
| 12 | | of noise or sound emissions resulting from the normal
use of |
| 13 | | the firearm range, if the firearm range conforms to any one of |
| 14 | | the
following requirements:
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| 15 | | (1) All areas from which a firearm may be properly |
| 16 | | discharged are at least
1,000 yards from any occupied |
| 17 | | permanent dwelling on adjacent property.
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| 18 | | (2) All areas from which a firearm may be properly |
| 19 | | discharged are enclosed
by a permanent building or |
| 20 | | structure that absorbs or contains sound energy
escaping |
| 21 | | from the muzzle of firearms in use.
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| 22 | | (3) If the firearm range is situated on land otherwise |
| 23 | | subject to land use
zoning, the firearm range is in |
| 24 | | compliance with the requirements of the zoning
authority.
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| 25 | | (4) The firearm range is operated by a governmental |
| 26 | | entity or is licensed
by the Department of Natural |