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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Premises Liability Act is amended by | ||||||
| 5 | changing Section 5 as follows: | ||||||
| 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 use of a firearm, or | ||||||
| 12 | 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 | ||||||
| 17 | out of or as a
consequence of noise or sound emissions | ||||||
| 18 | resulting from the normal use of the
firearm range. An owner or | ||||||
| 19 | operator of a firearm range is not
subject to any action for | ||||||
| 20 | public or private nuisance or trespass and no court
in this | ||||||
| 21 | State shall enjoin the use or operation of a firearm range on | ||||||
| 22 | the
basis of noise or sound emissions resulting from the normal | ||||||
| 23 | use of the firearm
range.
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| 1 | (c) An owner or operator of a firearm range placed in | ||||||
| 2 | operation after
January 1, 1994, is immune from any criminal | ||||||
| 3 | liability and is not
subject to any action for public or | ||||||
| 4 | private nuisance or trespass arising out
of or as a consequence | ||||||
| 5 | of noise or sound emissions resulting from the normal
use of | ||||||
| 6 | the firearm range, if the firearm range conforms to any one of | ||||||
| 7 | the
following requirements:
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| 8 | (1) All areas from which a firearm may be properly | ||||||
| 9 | discharged are at least
500 1,000 yards from any occupied | ||||||
| 10 | permanent dwelling on adjacent property.
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| 11 | (2) All areas from which a firearm may be properly | ||||||
| 12 | discharged are enclosed
by a permanent building or | ||||||
| 13 | structure that absorbs or contains sound energy
escaping | ||||||
| 14 | from the muzzle of firearms in use.
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| 15 | (3) If the firearm range is situated on land otherwise | ||||||
| 16 | subject to land use
zoning, the firearm range is in | ||||||
| 17 | compliance with the requirements of the zoning
authority.
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| 18 | (4) The firearm range is operated by a governmental | ||||||
| 19 | entity or is licensed
by the Department of Natural | ||||||
| 20 | Resources.
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| 21 | (5) The firearm range met the requirements of clause | ||||||
| 22 | (1) of this
subsection (c) at the time the range began its | ||||||
| 23 | operation and
subsequently an occupied permanent dwelling | ||||||
| 24 | on adjacent property
was built within 500 1,000 yards from | ||||||
| 25 | an area of the range from which a
firearm may be properly | ||||||
| 26 | discharged.
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| 1 | (Source: P.A. 94-387, eff. 7-29-05.)
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| 2 | Section 99. Effective date. This Act takes effect upon | ||||||
| 3 | becoming law.
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