THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GABLER, BARRAR, BEAR, BOBACK, BOYD, CALTAGIRONE, CAUSER, CLYMER, CONKLIN, CREIGHTON, CUTLER, DENLINGER, GEIST, GINGRICH, GODSHALL, GOODMAN, GROVE, HARRIS, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, M.K. KELLER, KORTZ, METCALFE, METZGAR, MILLARD, MOUL, PYLE, RAPP, READSHAW, ROAE, ROCK, SACCONE, STERN, TALLMAN, VULAKOVICH AND WHITE, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 17, 2011  

AN ACT

Providing for limitations on certain shooting ranges, for

suspension of operation of shooting ranges and for powers and

duties of Department of Conservation and Natural Resources.

The General Assembly finds and declares that:

(1)  Section 21 of Article I of the Constitution of

Pennsylvania and the second amendment to the Constitution of

the United States recognize a fundamental right to keep and

bear arms.

(2)  Citizens are entitled to properly use such arms, in

addition to other shooting implements, at shooting ranges

located on Commonwealth property in accordance with relevant

Commonwealth law.

(3)  Shooting ranges on Commonwealth property should be

encouraged to adopt management practices and create physical

structures to ensure their safe operation.

(4)  Shooting ranges on Commonwealth property should not

be unduly burdened or suffer undue delays regarding operation

of the range for the enjoyment of shooting sports.

(5)  Shooting ranges on Commonwealth property should not

be utilized for purposes inconsistent with shooting sports.

(6)  It is, therefore, in the best interest of this

Commonwealth to promote shooting sports, consistent with good

management practices and safe operation, at shooting ranges

located on Commonwealth property.

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 Shooting

Range Protection Act.

Section 2.  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:

"Department."  The Department of Conservation and Natural

Resources of the Commonwealth.

"Shooting range."  A hunting club, rifle club, rifle range,

shotgun range, pistol range or other firing range on property

owned or controlled by the Department of Conservation and

Natural Resources and that was in operation as of January 1,

2003, by:

(1)  A nonprofit corporation or similar entity.

(2)  The Commonwealth or an agency of the Commonwealth.

(3)  A political subdivision or an agency of a political

subdivision.

Section 3.  Protection for shooting ranges.

The department may not:

(1)  Transfer or utilize a shooting range for any purpose

other than a shooting range.

(2)  Suspend the normal and accepted shooting activity on

any shooting range except as provided in section 4.

Section 4.  Suspension of operation of shooting ranges.

(a)  General rule.--The department may suspend the normal and

accepted shooting activity on a shooting range to the extent

necessary to improve or modify the physical characteristics of

the shooting range in order to properly protect and ensure the

health, safety and welfare of the residents of the surrounding

area and the local environment.

(b)  Limitation.-–Except as provided in subsection (c), no

suspension under subsection (a) shall last for more than six

months from the date the suspension is imposed by the

department, including a suspension which commenced prior to the

effective date of this section, and no more than one suspension

may be imposed in any ten-year period.

(c)  Court order.--

(1)  In order to impose a suspension of the normal and

accepted shooting activities on a shooting range for a period

greater than six months, or to impose more than one period of

suspension in any ten-year period, the department must

petition the court of common pleas in the county where the

shooting range is located for an order authorizing the

suspension for the minimum period necessary to achieve the

purposes of the suspension.

(2)  The court may not grant a suspension order unless

the department demonstrates, by clear and convincing

evidence, that both:

(i)  the requested suspension is necessary for the

health, safety and welfare of the residents of the

surrounding area or the local environment; and

(ii)  the terms of the requested suspension are

narrowly tailored to achieve that goal.

(d)  Notice and standing.-–

(1)  Except for a shooting range operated by the

department, notice of a petition filed under subsection (c)

shall be provided to any entity, public or private, operating

the shooting range.

(2)  An entity operating a shooting range may, at its

option, be a party to the proceeding under subsection (a).

Section 5.  Effective date.

This act shall take effect immediately.