100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1685
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:

 
740 ILCS 130/5

 Amends the Premises Liability Act. Makes a technical change in a Section concerning firearm ranges.



LRB100 03379 HEP 13384 b


 
 
A BILL FOR
 


HB1685LRB100 03379 HEP 13384 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Premises Liability Act is amended by 
5changing Section 5 as follows:

6 (740 ILCS 130/5)

7 Sec. 5. Firearm ranges; liability.

8 (a) As used in this Section, "firearm range" means a rifle, 
9pistol,
silhouette, skeet, trap, black powder, or other similar 
10range in this State
used for discharging firearms in a sporting 
11event, for practice or instruction
in the
the use of a firearm, 
12or for the testing of a firearm. "Firearm range" also
includes 
13licensed shooting preserves and public hunting areas operated 
14or
licensed by the Department of Natural Resources.

15 (b) An owner or operator of a firearm range in existence on 
16January 1,
1994, is immune from any criminal liability arising 
17out of or as a
consequence of noise or sound emissions 
18resulting from the normal use of the
firearm range. An owner or 
19operator of a firearm range is not
subject to any action for 
20public or private nuisance or trespass and no court
in this 
21State shall enjoin the use or operation of a firearm range on 
22the
basis of noise or sound emissions resulting from the normal 
23use of the firearm
range.


 
 
HB1685- 2 -LRB100 03379 HEP 13384 b


1 (c) An owner or operator of a firearm range placed in 
2operation after
January 1, 1994, is immune from any criminal 
3liability and is not
subject to any action for public or 
4private nuisance or trespass arising out
of or as a consequence 
5of noise or sound emissions resulting from the normal
use of 
6the firearm range, if the firearm range conforms to any one of 
7the
following requirements:


8  (1) All areas from which a firearm may be properly 
9 discharged are at least
1,000 yards from any occupied 
10 permanent dwelling on adjacent property.


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.


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.


18  (4) The firearm range is operated by a governmental 
19 entity or is licensed
by the Department of Natural 
20 Resources.


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 1,000 yards from an 
25 area of the range from which a
firearm may be properly 
26 discharged.


 
 
HB1685- 3 -LRB100 03379 HEP 13384 b


1(Source: P.A. 94-387, eff. 7-29-05.)