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--Gary Marbut, MSSA President
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Shooting Range Protection Act
76-9-101. Policy. It is the policy of the state of Montana to provide for the health, safety, and welfare of the citizens of the state by promoting the safety and enjoyment of the shooting sports among the citizens of the state and by protecting the locations of and investment in shooting ranges for shotgun, archery, rifle, and pistol shooting.
76-9-102. Prohibitions. (1) Standards adopted by a state agency or unit of local government to limit levels of noise that may occur in the outdoor atmosphere may not apply to shooting ranges.
(2) Standards adopted by a state agency or unit of local government promulgated pursuant to Title 75 and concerning pollution by lead, copper, or brass may not limit or prohibit the operation of a shooting range because of lead, copper, or brass deposition resulting from shooting activities.
76-9-103. Planning -- effect on shooting ranges. The laws of this state concerning planning, master plans, or comprehensive plans may not be construed to authorize an ordinance, resolution, or rule that would:
(1) prevent the operation of an existing shooting range as a nonconforming use;
(2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or
(3) prevent the erection or construction of safety improvements on existing shooting ranges.
76-9-104. Zoning -- effect on shooting ranges. A planning district master plan, recommendation, resolution, rule, or zoning designation may not:
(1) prevent the operation of an existing shooting range as a nonconforming use;
(2) prohibit the establishment of new shooting ranges, but it may regulate the construction of shooting ranges to specified zones; or
(3) prevent the erection or construction of safety improvements on existing shooting ranges.
76-9-105. Closure of shooting ranges -- limitations -- relocation cost. (1) Except as provided in subsection (2), an established shooting range may not be prevented from operation by a state agency, unit of local government, or court unless the range presents a clear and provable safety hazard to the adjacent population.
(2) If a pressing public need exists because of incompatibility with nearby population or land use, an established shooting range may be relocated by an agency of state government, unit of local government, or court, but only if all of the following conditions are met:
(a) pressing public need is documented through hearings, testimony, and a clear and precise statement of need by the agency, unit of local government, or court involved;
(b) the agency or unit of local government obtaining the closure pays the appraised cost of the land together with improvements to the operators of the shooting range. In return the shooting range operators shall relinquish their interest in the property to the agency or unit of local government obtaining the closure.
(3) If a shooting range presents a clear and provable safety hazard to adjacent population, the range may be suspended from operation if:
(a) reasonable notice and opportunity to respond are afforded the range operators; and
(b) reasonable opportunity is afforded the range operators to correct any safety defects.
CCW Under the Influence, 45-8-327 M.C.A.
| Cities Prohibited from Suing Gunmakers, 7-1-115 M.C.A.
| Commercial Storage of Powder and Primers, 50-61-120 M.C.A.
| Concealed Weapon, Permits, 45-8-315 M.C.A., et. seq.
| Constitutional Right to Keep and Bear Arms
| CWP Exempts Gun Buyer from Brady Wait, 45-8-330 M.C.A.
| CWP Prohibited Places, 45-8-328 M.C.A.
| CWPs from Other States Recognized, 45-8-329 M.C.A.
| Destructive Devices - Explosives, 45-8-332 M.C.A., et. seq.
| Easements for Shooting Range Safety Zone, 70-17-101 M.C.A.
| Exemption from Federal Gun Free School Zones Act, 45-8-360 M.C.A.
| Expulsion of students with guns, 20-5-202 M.C.A.
| Firearms in Schools, 45-8-361 M.C.A.
| Game Lawfully Taken Is Personal Property of Hunter, 87-2-509 M.C.A.
| Gun Owner Not Liable for Stolen Property, 27-1-709, M.C.A.
| Gun Safety Instructors Immune from Liability, 27-1-721 M.C.A.
| Gun safety training in schools, 20-7-132 and SJ15
| Guns on Trains, 45-8-339 M.C.A.
| Hunter Harassment a Crime - Felony Second Offense, 87-3-142 M.C.A.
| Hunting Heritage Week, 1-1-226 M.C.A.
| Hunting Residency, Non-resident Minor Children or Montana Residents May Hunt As Residents, 87-2-102 M.C.A.
| Joint Resolution Urging Repeal of Brady Law
| Local Government Preemption, 45-8-351 M.C.A.
| Machine Guns, 45-8-302 M.C.A., et. seq.
| No Defectless Product Liability for Firearms or Ammunition, 27-1-720 M.C.A.
| No Discharge Inside City Limits, 45-8-343 M.C.A.
| Paramilitary Training Prohibited - Exceptions, 45-8-107 M.C.A., et. seq.
| Purchase of Firearms in Contiguous States, 45-8-341, 342 M.C.A.
| Right to Keep and Bear Arms Week, 1-1-224 M.C.A.
| Right to Use Force, 49-1-103 M.C.A.
| Sawed Off Guns, 45-8-340 M.C.A.
| Shooting Range Funding Act, 87-1-276 M.C.A., et. seq.
| Shooting Range Protection Act, 76-9-101 M.C.A., et. seq.
| Shooting Sports in schools, SJ16
| Silencers, 45-8-336, 337 M.C.A.
| Use of Firearms by Children, 45-8-344 M.C.A.
| Use of Lethal Force, 45-3-101 M.C.A., et. seq.
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