Bill
HB 4949
Grants civil and nuisance immunity to sport shooting ranges that follow GAOP and comply with noise laws at construction/initial operation, with grandfathering for existing ranges.
HB 4949 Summary (Michigan)
Overview
- Bill number: HB 4949
- Title: Recreation: other; exemption from liability for sport shooting ranges; modify
- Purpose: Create civil and nuisance immunity protections for sport shooting ranges that operate in accordance with generally accepted operation practices (GAOP) and comply with applicable noise-control laws in place at the range’s construction or initial operation. The bill also provides grandfathering and modernization provisions to preserve existing ranges’ operations within local government boundaries.
- Status: Introduced and electronically reproduced September 16, 2025; referred to Committee on Judiciary (introduced March 13, 2025; previously assigned to Ways & Means on April 3, 2025).
Key Provisions
Sec. 2 (Civil and Criminal Immunity for Noise-Related Claims)
- Immunity level: A sport shooting range owner/operator/user that conforms to GAOP is not subject to civil liability or criminal prosecution related to noise or noise pollution stemming from the range’s operation.
- Condition for immunity: Compliance with noise control laws or ordinances that applied at the time of the range’s construction or initial operation. Immunity applies even if the range is later updated or modified (e.g., ecological upgrades, safety upgrades, range expansion) so long as those updates conform to GAOP.
- Nuisance protection: In addition to the liability protections, ranges meeting GAOP and noise-law compliance are not subject to nuisance actions, and a court shall not enjoin or restrain range activity on the basis of noise, with the same timing condition (noise laws at construction/initial operation).
- Decibel regulations: State department or agency noise rules that set decibel limits do not apply to ranges exempted under this act, but GAOP remains enforceable.
Sec. 2a (Grandfathering and Continuity)
- Grandfathered operation: A range that is operated and not in violation of existing law at enactment may continue operating even if future local ordinances would not conform to its operations.
- Pre-1994 ranges (existing as of July 5, 1994) that operate in GAOP
- Repair/remodel/reinforcement: May repair or reinforce buildings/structures to ensure public safety or continued use, within its preexisting geographical boundaries.
- Reconstruction after damage: May reconstruct/repair/restore after fire, collapse, act of God/war; must complete within 1 year of damage or claim settlement; failure to complete may lead to termination of nonconforming use by local government discretion.
- Expansion and activities: May undertake actions authorized by GAOP, including expanding membership or opportunities for public participation and expanding events/activities.
Who is Affected
- Sport shooting range owners, operators, and users who conform to GAOP and comply with applicable noise laws at construction/initial operation.
- Local units of government and their ordinances, particularly those governing noise and land use near ranges.
- Nearby residents and property owners may be affected by reduced nuisance liability claims, subject to ranges’ GAOP compliance.
Procedural / Timeline Details
- Filed: March 13, 2025
- First-time actions: Read in House and referred to Ways & Means (April 3, 2025)
- Current status (as of document): Read first time (September 16, 2025); referred to Judiciary (September 16, 2025); electronically reproduced September 16, 2025.
- Notable drafting notes: The text contains some typographical irregularities (e.g., “shall be permitted to may continue”); the intended effect is to allow continued operation under grandfathering and GAOP.
Notes and Considerations
- Definitions: “Generally accepted operation practices” are central but not fully defined in the excerpt; implementation would depend on how GAOP is established or interpreted in practice.
- Policy implication: The bill aims to reduce litigation risk for ranges and facilitate operations and expansion, potentially limiting local nuisance and noise actions if ranges stay within GAOP and noise-compliance benchmarks at construction.
- Interaction with local control: While it provides immunity and grandfathering, ranges must still comply with GAOP and applicable noise ordinances existing at key historical points.
Compiled from official sources — confirm details with the bill’s official record.
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