CHAPTER 225


97-S 632A
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO CRIMINAL OFFENSES -- IMMUNITY FROM PROSECUTION

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11-47 of the General Laws entitled "WEAPONS" is hereby amended by adding thereto the following section:

{ADD 11-47-62. Immunity from prosecution -- Criminal or civil. -- ADD} {ADD Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, it shall be lawful for an owner of a rifle, pistol, silhouette, archery, skeet, trap, black powder, or other similar range to operate said range in excess of the applicable noise or noise pollution, law, ordinance or by-law provided said owner of the range continues to be in compliance with any applicable noise control law, ordinance or by-laws in existence at the time of the construction of such range. No owner shall be liable in any action for nuisance, and no court shall enjoin the use or operation of said range on the basis of noise or noise pollution provided said owner continues to be in compliance with any noise control law, ordinance or by-laws in effect at the time of the construction of the range. ADD}

{ADD No standards in rules adopted by any state, city or town agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall apply to the ranges exempted from liability under the provisions of this section. ADD}

{ADD Nothing in this section shall be construed to authorize or permit an owner of a rifle, pistol, silhouette, archery, skeet, trap, black powder, or other similar range to change the use and/or type of said range, or to expand the use and/or type of said range. ADD}

SECTION 2. This act shall take effect upon passage.



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