537.294. Firearm ranges--definitions--not to be deemed a nuisance, when--immunity from civil and criminal liability, when.
Firearm ranges--definitions--not to be deemed a nuisance,when--immunity from civil and criminal liability, when.
537.294. 1. As used in this section, the following terms shall mean:
(1) "Firearm range", any rifle, pistol, silhouette, skeet, trap,black powder or other similar range in this state used for dischargingfirearms in a sporting event or for practice or instruction in the use of afirearm, or for the testing of a firearm;
(2) "Hunting preserve", any hunting preserve or licensed shootingarea operating under a permit granted by the Missouri department ofconservation.
2. All owners and authorized users of firearm ranges shall be immunefrom any criminal and civil liability arising out of or as a consequence ofnoise or sound emission resulting from the use of any such firearm range.Owners and users of such firearm ranges shall not be subject to any civilaction in tort or subject to any action for public or private nuisance ortrespass and no court in this state shall enjoin the use or operation ofsuch firearm ranges on the basis of noise or sound emission resulting fromthe use of any such firearm range. Any actions by a court in this state toenjoin the use or operation of such firearm ranges and any damages awardedor imposed by a court, or assessed by a jury, in this state against anyowner or user of such firearm ranges for nuisance or trespass are null andvoid.
3. All owners and authorized users of existing hunting preserves orareas that are designated as hunting preserves after August 28, 2008, shallbe immune from any criminal and civil liability arising out of or as aconsequence of noise or sound emission resulting from the normal use of anysuch hunting preserve. Owners or authorized users of such huntingpreserves shall not be subject to any action for public or private nuisanceor trespass, and no court in this state shall enjoin the use or operationof such hunting preserves on the basis of noise or sound emission resultingfrom normal use of any such hunting preserve.
4. Notwithstanding any other provision of law to the contrary,nothing in this section shall be construed to limit civil liability forcompensatory damage arising from physical injury to another human, physicalinjury to tangible personal property, or physical injury to fixtures orstructures placed on real property.
(L. 1988 S.B. 434 & 435 § 5, A.L. 2008 H.B. 2034)