An owner or operator who violates the provisions of this section shall be guilty of a violation and: (a)  For a first offense, shall be subject to a warning. Thus, the Court held that “the requirement in the statute that an organization’s shooting activities were previously ‘in operation’ is intended to mean in lawful operation.” Since the Club’s use of its property was not lawful since its inception in 1966, it was not protected from the town’s zoning ordinance and was required to obtain a special exception and site plan approval to lawfully operate as a shooting range. Further, the Court found that this interpretation was consistent with the legislative history of RSA chapter 159-B indicating that legislators intended the protections of the statute to apply to lawfully approved shooting ranges. SPONSORS: Sen. Dietsch, Dist 9; Sen. Kahn, Dist 10, -----------------------------------------------------------------. RSA 159:4. RSA chapter 159-B primarily protects existing shooting ranges from liability related to noise. STATE OF NEW HAMPSHIRE . Explanation: Matter added to current law appears in bold italics. SHOOTING RANGES. 159-B:2  Compliance With Noise Ordinances. Be it Enacted by the Senate and House of Representatives in General Court convened: 1  Shooting Ranges. Chambers: A judge's office. This rule of law is based on the principle that provisions which exempt existing uses are intended to favor uses that are both existing and lawful, rather than to aid users who have successfully evaded previous restrictions. This bill repeals and reenacts the statute governing shooting ranges and subjects an owner or operator of a shooting range to civil and criminal liability for violation of noise ordinances or damage to persons or property caused by the operation of a shooting range. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Shooting Ranges. Matter removed from current law appears [in brackets and struckthrough.]. RSA 159-B is repealed and reenacted to read as follows: CHAPTER 159-B. (b)  For a second offense, shall be subject to a fine not to exceed $500. The statute protects shooting ranges from, among other things, retroactive application of administrative rules, statutes or ordinances that prohibit or limit the scope of shooting activities previously conducted at the shooting range if the shooting range was “in operation prior to the … 159-B:4  Liability for Stray Ammunition or Debris. Anyone carrying a firearm in New Hampshire is subject to all other applicable laws including RSA 159:3. Whoever, except as provided by the laws of this state, sells, has in his possession with intent to sell, or carries on his person any blackjack, slung shot, or metallic knuckles shall be guilty of a misdemeanor; and such weapon or articles so carried by him shall be confiscated to the use of the state. A person may maintain a private action against the owner or operator of a shooting range for a violation of this chapter, provided the action is brought within 3 years from the date the violation was or should have been discovered. "Noise" shall mean the intensity, duration, and character of sounds from shooting. 159-B:3  Cause of Action. 2010, 67:1, eff. Make your practice more effective and efficient with Casetext’s legal research suite. Terms Used In New Hampshire Revised Statutes > Chapter 159. RSA chapter 159-B primarily protects existing shooting ranges from liability related to noise. In 1999 the zoning ordinance was amended to add “sporting clubs” to the uses permitted by special exception and site plan review in the zoning districts in which the club operated. Amend RSA 159 by inserting after section 159:19-a the following new section: 193-D:1 Definitions. In the Year of Our Lord Two Thousand Twenty. AN ACT relative to shooting ranges. The Lone Pine Hunters’ Club, Inc. (the Club) purchased 118 acres of land in Hollis in June 1966. New Hampshire may have more current or accurate information. "Shooting range" shall mean a property or properties designed and operated for persons using rifles, shotguns, pistols, revolvers, or black powder weapons, as defined by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; or archery; air rifles; silhouettes; skeet ranges; trap ranges; or other similar facilities. 2006) is ... the planning board concluded that RSA 159-B:4, as amended in May 2004, ... 2005, the trial court ruled that RSA 159-B:4 divested the planning board ... NH.gov - The Official Web Portal of the State of New Hampshire. July 17, 1992. This act shall take effect January 1, 2021. protections afforded CPFGC by RSA 159-B. In 2003, the New Hampshire Legislature enacted RSA 159:26, a law that reserved to the State the exclusive ability to regulate matters concerning firearms, firearm components, and knives. No noise control ordinance shall restrict a weapon listed in RSA 159-B:1, II from firing within a shooting range, between dawn and dusk, at a rate of 2 seconds or more between shots. In 2000, the Club received a special exception from the ZBA on condition that it seek site plan review before the planning board. In 1999 and again in 2000, the board of selectmen advised the Club in writing of the need to secure a special exception and site plan review in order to make its operation lawful. This land was located in two zoning districts, a residential and agricultural district and a recreational district. Over the years, the Club completed several expansions on the property, some with and some without permits or approval from the zoning board of adjustment (ZBA) or planning board.

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