Sport Shooting Ranges 2.0

Training for: Legal Notes

The Legislature has further tightened the restrictions on municipal regulation of sport shooting ranges.

Since 1995 State law has preempted or prohibited municipal noise control ordinances from being applied so as to limit or eliminate shooting activities that have occurred on a regular basis at a sport shooting range prior to enactment of the ordinance (see 30-A M.R.S.A. § 3011).

This preemption has now been extended to any type of ordinance, including but not limited to noise control, provided the range conforms to generally accepted gun safety and shooting range practices or is constructed in a manner not reasonably expected to allow a projectile to cross the boundary of the range (see PL 2015, c. 433, eff. July 29, 2016).

The new law also preempts a municipality from restricting various types of maintenance and improvements to sport shooting ranges established prior to Sept. 1, 2016 as long as the maintenance or improvements are otherwise in compliance with the municipality’s generally applicable buildings code and zoning ordinance.

At the same time, the new law amends 17 M.R.S.A. § 2806 to further curtail the right of neighboring property owners to sue a sport shooting range for private nuisance. Formerly the restrictions on private suits were limited to noise complaints, but now they apply to any type of nuisance.

This legislation was prompted by a long-running and highly publicized dispute between an upscale residential neighborhood in Cape Elizabeth and a nearby preexisting shooting range.

As we’ve noted here before, these statutes reflect Maine’s strong public policy bias in favor of gun rights (see “Sport Shooting Ranges,” Maine Townsman, Legal Notes, April 2012; “Municipalities & Firearms,” Maine Townsman, Legal Notes, October 2002). (By R.P.F.)

The Legislature has further tightened the restrictions on municipal regulation of sport shooting ranges.

Since 1995 State law has preempted or prohibited municipal noise control ordinances from being applied so as to limit or eliminate shooting activities that have occurred on a regular basis at a sport shooting range prior to enactment of the ordinance (see 30-A M.R.S.A. § 3011).

This preemption has now been extended to any type of ordinance, including but not limited to noise control, provided the range conforms to generally accepted gun safety and shooting range practices or is constructed in a manner not reasonably expected to allow a projectile to cross the boundary of the range (see PL 2015, c. 433, eff. July 29, 2016).

The new law also preempts a municipality from restricting various types of maintenance and improvements to sport shooting ranges established prior to Sept. 1, 2016 as long as the maintenance or improvements are otherwise in compliance with the municipality’s generally applicable buildings code and zoning ordinance.

At the same time, the new law amends 17 M.R.S.A. § 2806 to further curtail the right of neighboring property owners to sue a sport shooting range for private nuisance. Formerly the restrictions on private suits were limited to noise complaints, but now they apply to any type of nuisance.

This legislation was prompted by a long-running and highly publicized dispute between an upscale residential neighborhood in Cape Elizabeth and a nearby preexisting shooting range.

As we’ve noted here before, these statutes reflect Maine’s strong public policy bias in favor of gun rights (see “Sport Shooting Ranges,” Maine Townsman, Legal Notes, April 2012; “Municipalities & Firearms,” Maine Townsman, Legal Notes, October 2002). (By R.P.F.)