SENATE, No. 1406

STATE OF NEW JERSEY

INTRODUCED JULY 25, 1996

By Senator CARDINALE

An Act modifying immunity from liability for owners of firing ranges and amending P.L.1991, c.391.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 2 of P.L.1991, c.391 (C.13:1G-21.2) is amended to read as follows:

    2. Notwithstanding the provisions of section 21 of P.L.1971, c.418 (C.13:1G-21) to the contrary, and except as provided hereunder, an owner of a handgun, rifle, shotgun, skeet shooting or trapshooting range in this State shall be immune from liability where the liability is based upon noise resulting from normal operation of the range in any civil proceeding, or in any proceeding brought pursuant to the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.); except that this immunity shall not apply to: a. any handgun, rifle, shotgun, skeet shooting or trapshooting range which exists on the effective date of P.L.1991, c.391 or is established thereafter, which is situated within 500 feet of a residential zone in an adjoining municipality; and b. any handgun, rifle, shotgun, skeet shooting or trapshooting range which expands its operation beyond the extent of its operation as of the effective date of P.L. 1991, c.391, resulting in an increase in its clientele, whether through solicitation, invitation, advertising or any other means.

    Nothing in this section shall be deemed to grant immunity to any person causing damage by his willful, wanton, or grossly negligent act of commission or omission.

(cf: P.L.1991, c.391, s.2)

    2. This act shall take effect immediately.

STATEMENT

    This bill would modify the immunity from liability under the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.) otherwise accorded owners of shooting ranges pursuant to P.L.1991, c.391.

    The 1991 enactment provided owners of shooting ranges with immunity from liability in any civil proceeding or any proceeding brought pursuant to the "Noise Control Act of 1971" where the liability is based upon noise resulting from normal operation of the range, notwithstanding the provisions of section 21 of P.L.1971, c.418 (C.13:1G-21). That section of law allowed municipalities to establish standards for the level or duration of community noise more stringent than the "Noise Control Act," or rules and regulations adopted pursuant thereto. The 1991 enactment removed the municipality's authority to adopt stricter regulations governing noise standards in connection with shooting ranges.

    This bill, while maintaining the prohibition on municipal action to make noise regulations stricter than State law, takes account of the noise impacts a shooting range might have on a residential community in a neighboring municipality and removes the immunity from liability otherwise accorded those ranges. It also removes liability protection from any shooting range which expands its clientele after the effective date of P.L.1991, c.391.

Modifies liability immunity of shooting ranges under "Noise Control Act of 1971."