Bill Text: PA SB714 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Protecting and managing sport shooting clubs and firing ranges in this Commonwealth.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-02-28 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [SB714 Detail]

Download: Pennsylvania-2011-SB714-Introduced.html

---

PRINTER'S NO. 698
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 714 Session of2011
INTRODUCED BY WOZNIAK, ALLOWAY, D. WHITE, RAFFERTY AND FONTANA, FEBRUARY 28, 2011
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 28, 2011
AN ACT
Protecting and managing sport shooting clubs and firing ranges
in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Freedom to
Shoot Act.
Section 2. Legislative findings.
(a) Findings.--The General Assembly finds that:
(1) Sport shooting and training ranges are widely used
and enjoyed by the residents of this Commonwealth and are a
necessary component of the guarantees of the Second Amendment
to the United States Constitution and the Constitution of
Pennsylvania.
(2) Projectiles and targets are integral to sport
shooting and training range activity and to the ownership and
use of privately owned firearms.
(3) Over years of operation, projectiles and targets
have accumulated in the environment at many existing ranges.
Whether this accumulation has caused or will cause
degradation of the environment or harm to human health
depends on factors that are situational. Therefore, sport
shooting and training ranges must be allowed flexibility to
apply appropriate environmental management practices at
ranges. The use of environmental management practices can be
implemented to avoid or reduce any potential for adverse
environmental impact or harm to human health.
(4) Environmental management practices to maintain or
improve the condition of sport shooting and training ranges
is evolving and will continue to evolve.
(5) Unnecessary litigation and unnecessary and
burdensome regulation by governmental agencies of sport
shooting and training ranges impair the ability of residents
of this Commonwealth to ensure training in the safe handling
of firearms and to enjoy the recreational opportunities
ranges provide. The cost of defending these actions is
prohibitive and threatens to curtail and destroy the sport
shooting and training range industry.
(6) The elimination of sport shooting ranges and
training facilities will unnecessarily impair the ability of
residents of this Commonwealth to exercise and practice their
Constitutional guarantees under the Second Amendment to the
United States Constitution and the Constitution of
Pennsylvania.
(7) This act does not apply to private parties or guests
of said private parties performing recreational sport
shooting or firearms training on private, leased or rented
20110SB0714PN0698 - 2 -
parcels where that activity has been approved by the owner of
said property.
(b) Intentions.--The General Assembly intends to protect
public and private sport shooting and training range owners,
operators, users, employees, agents, contractors, customers,
lenders, insurers and concessionaires from lawsuits and other
legal actions by the Commonwealth, political subdivisions or
private parties relating to and in order to promote maximum
flexibility for effective implementation of environmental
management practices. It is also the intent of the General
Assembly that any action by any agency of the Commonwealth or
private party relating to normal operating circumstances and
while adhering to approved best management practices in effect
at the time of the implementation of this act be reversed
immediately and any expenses incurred by the shooting facility
or organization be refunded by the agency or private party
causing the facility or organization to incur these expenses.
(c) Establishment.--The General Assembly will assist the
Game Commission in establishing a Range Clean-up Trust Fund
within its operating budget which will be augmented with
proceeds gained from the reclamation operations performed by the
Game Commission on training ranges and sport shooting facilities
choosing to relinquish any reclamation operations and assumed
revenue deemed necessary by the task force.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Game Commission.
"Director." The executive director of the commission.
20110SB0714PN0698 - 3 -
"Projectile." Any component of ammunition that is propelled
from a handgun, shotgun, rifle or any variation of firearm which
is legal for use within this Commonwealth.
"Sport shooting." All forms of target shooting with rifles,
shotguns or handguns or any other firearm that is not illegal
for use within this Commonwealth as well as training and
education in the use of said firearms.
"Standard." The best management practices for lead at
outdoor shooting ranges, established by the Environmental
Protection Agency, or:
(1) ITRC (Interstate Technology Regulatory Cooperative)
rules and regulations; or
(2) environmental stewardship plans established by the
particular facility by a certified lead management
professional.
"Task force." The Task Force for Protection and Management
of Sport Shooting and Training Ranges established in section 4.
"Training range." Any parcel of real estate or portion
thereof that is used in whole or in part for any form of sport
shooting or training or education in the use of firearms.
Section 4. Task force.
(a) Establishment.--The Task Force for Protection and
Management of Sport Shooting and Training Ranges is established.
(b) Membership.--The task force will consist of the
following:
(1) The Secretary of Conservation and Natural Resources
or a designee.
(2) The Secretary of Environmental Protection or a
designee.
(3) A delegate of the Pennsylvania Amateur Trapshooting
20110SB0714PN0698 - 4 -
Association.
(4) A delegate of the Pennsylvania Skeet Shooting
Association.
(5) A delegate of the Pennsylvania Sporting Clays
Association.
(6) A representative of the Pennsylvania Rifle and
Pistol Association.
(7) A representative of the Pennsylvania Muzzle Loading
Rifle Association.
(8) A representative of the National Rifle Association.
(9) A representative from the Pennsylvania Federation of
Sportsmen's clubs.
(10) A representative at large from an organized sport
shooting club or facility.
(11) A representative at large from the general sport
shooting community.
(12) The director.
(c) Organization.--
(1) The director shall serve as chair.
(2) Seven members shall constitute a quorum.
(3) Meetings will be held as required at the discretion
of the director.
(4) Members' meeting expenses will be borne by the
director.
(d) Functions.--The task force has the following functions:
(1) To study lead management and reclamation at firing
ranges.
(2) To ensure that the best management practices under
section 3 or the provisions of subparagraph (i) or (ii) are
implemented, including those pertaining to projectiles and
20110SB0714PN0698 - 5 -
targets.
(i) The task force shall develop a training and
notification program to assist sport shooting facilities
and training ranges to identify, develop and implement
best management practices for their particular facility.
(ii) The task force shall develop an inventory of
sport shooting facilities and training ranges by inquiry
of the public members of the task force and sportsmen's
associations within this Commonwealth.
(3) Determine and establish qualifications for lead
management and reclamation professionals.
Section 5. Implementation.
(a) Environmental management.--No later than January 1,
2012, sport shooting and training range owners, operators,
tenants and occupants shall initiate environmental management or
stewardship plans with implementation of situation-appropriate
environmental practices including projectiles and targets.
(b) Site analysis.--If any contamination is suspected or
identified by any owner, operator, tenant or occupant of a sport
shooting or training range, the owner, operator, tenant or
occupant may request the task force to perform a site analysis
or assessment including, but not limited to, assistance in
preparing a plan to confirm the presence or absence of any
suspected contamination. Any costs incurred for risk analysis,
environmental impact analysis or site-specific environmental
stewardship plans will be borne by the commission.
(c) Contamination.--If contamination is suspected or
identified by a third-party complaint or by adjacent property
sampling events, the task force shall give 60 days' notice to
the sport shooting or training range facility of the task
20110SB0714PN0698 - 6 -
force's intent to enter upon the site for the purpose of
investigating potential sources of contamination. The task force
may assist with or perform a contamination assessment including,
but not limited to, assistance with preparing and implementing a
plan to confirm the absence or presence of any contamination.
The cost of an assessment shall be borne by the complaining
party. If the task force confirms contamination, principles of
risk-based corrective action pursuant to ITRC best management
practices will be implemented immediately with the intent to:
(1) correct the situation; and
(2) insure that the sport shooting or training range
facility will continue to be operated within its original
intent.
Section 6. Protection.
Notwithstanding any other provision of law, any public or
private owner, operator, employee, agent, contractor, customer,
lender, insurer or user of any sport shooting or training range
located in this Commonwealth shall have immunity from lawsuits
and other legal actions brought by the Commonwealth or any of
its agencies, nongovernmental entities or units of local
government for any claim associated with the use, release,
placement, deposition or accumulation of any projectile or
target in the environment on or under that sport shooting or
training range or any property over which the range has an
easement, leasehold or other legal right of use, if the sport
shooting or training range owner or operator has made a good
faith effort to comply with section 5(a).
Section 7. Withdrawal of claims and recovery of expenses and
attorney fees.
(a) Claims.--Within 90 days after the effective date of this
20110SB0714PN0698 - 7 -
act, all claims by the Commonwealth and any agencies and units
of local government against sport shooting or training ranges,
including projectiles and targets pending within any agency or
before any court of law, shall be withdrawn.
(b) Leases.--Leases or rental agreements held by any sport
shooting facility or training range having operated on any
property leased or rented from any agency of the Commonwealth
shall be immediately reinstated.
(c) Reimbursement.--Within 90 days of the effective date of
this act, any and all expenses committed or spent by any sport
shooting or training range facility that has been operating on
any real property within this Commonwealth including, but not
limited to, ownership by Commonwealth, county or municipal
government or private property, in response to closure forced by
any Commonwealth, county or municipal agency within this
Commonwealth prior to the effective date of this act, will be
reimbursed to the sport shooting or training range facility by
the Commonwealth, county or municipal agency effecting the
closure of said facility. The termination of such cases shall
have no effect on the defendant's cause of action for damages,
attorney fees and expenses.
(d) Recovery of expenses.--In any action filed in violation
of this act after the effective date of this act, the defendant
shall recover all expenses resulting from such action by the
governmental body or entity bringing such unlawful action.
Section 8. Penalties.
Any official, agent or employee of a Commonwealth agency or a
unit of local government while he or she was acting in his or
her official capacity and within the scope of his or her
official employment or office, who intentionally and maliciously
20110SB0714PN0698 - 8 -
violates the provisions of this act or is party to bringing an
action in violation of this act, commits a misdemeanor of the
third degree.
Section 9. Zoning.
Notwithstanding any provision of State or municipal law or
ordinance, after the effective date of this act, no action shall
be taken by a county or municipality to zone or rezone any real
property on which there is then located a sport shooting or
training range if the zoning or rezoning would cause the
elimination of or the cessation of the operation of that sport
shooting or training range, unless the owner of the real
property on which the sport shooting or training range is
located petitions for or consents to the zoning or rezoning.
Section 10. Preemption.
Except as expressly provided by law, the General Assembly
hereby declares that it is occupying the full field of
regulation of firearms and ammunition use at sport shooting or
training ranges, including the environmental effects of
projectile deposition at sport shooting or training ranges.
Section 11. Other laws.
The provisions of this act supersede any conflicting
provisions of any other acts of this Commonwealth.
Section 12. Construction.
This act shall be liberally construed to effectuate its
remedial and deterrent purposes.
Section 13. Effective date.
This act shall take effect in 60 days.
20110SB0714PN0698 - 9 -