H 3715 General Bill, By Klauber, Altman, Barrett, Bauer, Campsen, Carnell, 
Cooper, Davenport, Fleming, Haskins, Keegan, Kelley, Knotts, Limehouse, Loftis, 
McKay, Neilson, Sandifer, Sharpe, Stille, E.C. Stoddard, Woodrum and W.J. Young
 A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
 HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH
 CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT
 SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE
 ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF
 SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY,
 AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR
 REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL
 ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL
 GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING
 RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

   03/25/97  House  Introduced and read first time HJ-20
   03/25/97  House  Referred to Committee on Judiciary HJ-20
   05/07/97  House  Committee report: Favorable Judiciary HJ-31
   05/13/97  House  Read second time HJ-21
   05/14/97  House  Read third time and sent to Senate HJ-17
   05/14/97  Senate Introduced and read first time SJ-10
   05/14/97  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-10
   02/19/98  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry SJ-7

February 19, 1998

H. 3715

Introduced by Reps. Klauber, Altman, Limehouse, Neilson, Sharpe, Fleming, Haskins, Knotts, Sandifer, McKay, Kelley, Barrett, Keegan, Stille, Davenport, Loftis, Young, Cooper, Stoddard, Carnell, Woodrum, Campsen and Bauer

S. Printed 2/19/98--S.

Read the first time May 14, 1997.

To whom was referred a Bill (H. 3715), to amend Title 31, Code of Laws of South Carolina, 1976, relating to housing and redevelopment by adding Chapter 18 so as to enact the "South Carolina Shooting Range Protection Act of 1997", etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by deleting Section 31-18-20 and inserting:

/Section 31-18-20. As used in this chapter:

(1) 'shooting range' or 'range' means an area designed and operated by an individual, proprietorship, partnership, corporation, club, or other governmental or legal entity for the use of firearms;

(2) 'substantial change in use' or 'substantial change in the use' means that the current primary use of the range no longer represents the activity previously engaged in at the range./

Amend the bill further, Section 31-18-30(A), page 3715-3, line 11 before the / . / by inserting / in use /

Amend the bill further, as and if amended, by striking Section 31-18-40(A), page 3715-3, beginning on line 21 and inserting:

/Section 31-18-40. (A) A county or municipal noise control ordinance may not require or be applied to require a shooting range to limit or eliminate shooting activities that have occurred on a regular basis before January 1, 1997;/.

Amend the bill further, Section 31-18-50, page 3715-3, line 36 by deleting /sport/.

Renumber sections to conform.

Amend title to conform.

J. VERNE SMITH, for Committee.

A BILL

TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 1997", TO DEFINE "RANGE" AND "SPORT SHOOTING RANGE"; TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES; TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES; AND TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SPORT SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 31 of the 1976 Code is amended by adding:

Section 31-18-10. This chapter may be cited as 'The South Carolina Shooting Range Protection Act of 1997.'

Section 31-18-20. As used in this chapter, 'sport shooting range' or 'range' means an area designated and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.

Section 31-18-30. (A) Except as provided in this subsection, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in the use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years from the beginning of the substantial change;

(B) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range;

(C) If there has been no shooting activity at a range for a period of three years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.

Section 31-18-40. (A) A county or municipal noise control ordinance may not require or be applied to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis prior to the enactment date of the ordinance;

(B) A county or municipal noise control ordinance may not be applied to a shooting range that was in compliance with a noise control ordinance as of the date of its establishment, provided there is no substantial change in the use of the range subsequent to its initial compliance;

(C) Nothing in this section limits the ability of a county or municipality to regulate noise produced by the expansion of activity at a shooting range.

Section 31-18-50. Except as otherwise provided in this chapter or the law of this State, this chapter does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this chapter."

SECTION 2. This act takes effect upon approval by the Governor.