HCS HB 2034 -- FIREARM RANGES AND HUNTING PRESERVES

SPONSOR:  Hobbs (Munzlinger)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 9 to 0.

This substitute expands the criminal liability immunity for
owners of firearm ranges in existence on August 13, 1988, to
include authorized users of the ranges and owners and authorized
users of existing hunting preserves and immunity from any civil
liability for actions arising out of the normal use of the
firearm range or hunting preserve.

The criminal and civil liability immunity for actions arising out
of the normal use of the firearm range on any firearm range
placed in operation after August 13, 1988, or those that have
expanded or modified their operation since that date is expanded
to include situations in which the firearm range begins operation
prior to the construction of a permanent dwelling on adjacent
property within 1,000 yards of the range or the range is owned,
leased, or operated by the state or a political subdivision of
the state.

All owners and operators who begin operation after the effective
date of the substitute and are within 1,000 yards of a permanent
occupied dwelling must either meet the owners in person and
obtain a written waiver of liability or send each owner a written
notice via certified or registered mail in which the owner must
respond that he or she does not intend to retain all legal rights
with regard to the construction of the firearm range in order for
the owner and operator of the range to have criminal and civil
liability immunity.

The substitute also specifies that an owner of land who invites
or allows any person to use the property for recreational
purposes without charge confers upon the person the legal status
of trespasser and does not assume responsibility for or incur
liability for any injury to any person or property caused by an
act or omission of the person while engaged in recreational
activities without the failure to exercise just ordinary care.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that the bill clarifies existing
language regarding the building of dwellings within 1,000 yards
of a firearm range and limits civil liability for hunting
preserves and firearm ranges.

Testifying for the bill were Representative Munzlinger;
Department of Conservation; and National Rifle Association of
America.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm