🚨❌ SB 446
Under present law, the state generally covers the field with regard to regulation of firearms, thereby prohibiting local regulation. However, there are four firearm-related subjects that present law expressly authorizes any city, county, town, municipality, or metropolitan government to regulate, including the location of sport shooting ranges. Present law creates a private right of action whereby a person who is aggrieved by a local government's regulation of firearms with regard to a subject for which the state has covered the field may seek declaratory relief and damages.
This bill adds to present law by prohibiting any city, county, town, municipality, metropolitan government, or department or agency of state government from enacting, having, or enforcing ordinances, rules, regulations, or policies that prohibit the ownership, construction, or operation of privately owned or operated gun or sport shooting ranges. To the extent that a government entity has or enforces any ordinance, rule, or regulation regulating the placement, design, construction, or operational standards of a privately owned or operated gun or sport shooting range, this bill requires the government entity to prove, by clear and convincing evidence, that the ordinance, rule, or regulation is narrowly tailored to address a compelling governmental interest related to the design, construction, or operational standards being imposed and that those standards are limited hours of operation and safe construction of these ranges. In no event must any range standards impose greater requirements on private ranges than are applicable to any range located within the same county or an adjoining county and owned or operated by a government entity. This bill authorizes an aggrieved person to utilize the private right of action provided by present law to challenge any range prohibition, ordinance, rule, or regulation.