SUMMARY--Regulates operational practices of shooting ranges. (BDR 40-1347)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to shooting ranges; regulating the operational practices of shooting ranges; providing certain immunities; requiring compensation for the cost of relocating a shooting range situated on property taken by eminent domain; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, "shooting range" means an area designed and used for archery or the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or similar sport shooting.
Sec. 3. 1. Every shooting range shall comply with the operational practices for shooting ranges developed by the National Rifle Association of America.
2. Every person who participates in sport shooting at a shooting range shall comply with the operational practices for shooting ranges developed by the National Rifle Association of America.
Sec. 4. Each person who participates in sport shooting at a shooting range that conforms to the operational practices for shooting ranges developed by the National Rifle Association of America assumes the risks associated with the sport to the extent that the risks are obvious and inherent, including, without limitation, injuries that may result from noise, discharge of a projectile, natural variation of the terrain, or natural growth or debris.
Sec. 5. NRS 37.110 is hereby amended to read as follows:
37.110 1. The court, jury, commissioners or master [must] shall hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon [must] shall ascertain and assess:
[1.] (a) The value of the property sought to be condemned and all improvements thereon pertaining to the realty, and of each [and every] separate estate or interest therein . [; if it] If the property consists of different parcels, the value of each parcel and of each estate or interest therein [shall] must be separately assessed.
[2.] (b) If the property sought to be condemned constitutes only a part of a large parcel, the damages which will accrue to the portion not sought to be condemned [,] by reason of its severance from the portion sought to be condemned [,] and the construction of the improvement in the manner proposed by the plaintiff.
[3.] (c) If the property, though no part thereof is taken, will be damaged by the construction of the proposed improvement, the amount of such damages.
[4.] (d) Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement proposed by the plaintiff . [; and if] If the benefit [shall be] is equal to or greater than the damages assessed [, under subsection 2 of this section,] pursuant to paragraph (b), the owner of the parcel [shall] must be allowed no compensation except the value of the portion taken . [; but if] If the benefit [shall be] is less than the damages so assessed, the former [shall] must be deducted from the latter, and the remainder [shall] must be the only damages allowed in addition to the value of the portion taken.
[5.] (e) If the property sought to be condemned [be] is for a railroad, the cost of good and sufficient fences along the line of [such] the railroad between [such] the railroad and other adjoining lands of the defendant , [;] and the costs of cattle guards where fences may cross the line of [such railroads.] the railroad.
(f) If the property sought to be condemned contains a shooting range as defined in section 2 of this act, the cost of relocating the shooting range.
2. As far as practicable, compensation must be assessed for each source of damages separately.
Sec. 6. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:
A shooting range that conforms to the operational practices for shooting ranges developed by the National Rifle Association of America does not constitute a nuisance if the shooting range complies with the statutes and ordinances regulating noise that applied to it at the time of its construction or initial operation. As used in this section, "shooting range" has the meaning ascribed to it in section 2 of this act.
Sec. 7. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
A shooting range that conforms to the operational practices for shooting ranges developed by the National Rifle Association of America does not constitute a public nuisance if the shooting range complies with the statutes and ordinances regulating noise that applied to it at the time of its construction or initial operation. As used in this section, "shooting range" has the meaning ascribed to it in section 2 of this act.