At Home Shooting Range: Legal considerations

[Maximinus Thrax]

I'm currently on the hunt for property on which to build a house and one of my considerations is the safe and legal construction of an at home shooting range.  To that end, I'm looking through Lawriter and the only reference I've found so far to shooting ranges appears rather vague.  It references the NRA Range Source Book. Based on what I read below:


A) does it apply to at home ranges?


B) Do I have to buy ($20ish for CD) the NRA Range Source Book in order to get the info or is it available elsewhere? It's not expensive, I'm just curious.


C) "Suggested safety guidelines" language and the lack of details has me thinking that the NRA book is viewed more or less as the go-to standard. Am I right? 


Where do I find restrictions like distance from residences and references to keeping projectiles on my property? I know they exist but I am thus far not finding them...or are they in the NRA book...?


How about local municipal restrictions?  Are those any easier to track down? I'm not looking for specific area laws because I haven't bought the property yet, I just need to know HOW to research this so I can be fully informed.

1501:31-29-03 Shooting ranges.



(A) In accordance with section 1533.84 of the Revised Code, the chief of the division of wildlife hereby establishes standards for shooting ranges in Ohio. These standards address noise levels, hours of operation, and safety. Private or public shooting ranges in Ohio should substantially comply with these standards to receive the civil and criminal immunities granted under section 1533.85 of the Revised Code.


(B) Private and public shooting ranges in Ohio should substantially comply with the listed noise or sound levels that are set to prevent hearing damage and eliminate nuisance noise complaints. Noise or sound level guidelines are described or explained in great detail in "The NRA Range Source Book, 2012 edition." For the purpose of the chief of the division of wildlife's standards for shooting ranges, the following noise or sound levels apply:


Unacceptable: If the sound level exceeds ninety decibels dB(A) for one hour out of twenty-four hours or eighty-five decibels dB(A) for eight hours out of twenty-four hours and the sound measuring receiver is located at the boundaries of the range property.


(C) The hours of operation for shooting ranges shall be from seven a.m. to ten p.m. daily, except for indoor or archery ranges.


(D) Private and public shooting ranges should substantially comply with safety guidelines generally recognized and accepted by the national rifle association (NRA). Suggested safety guidelines are described or explained in great detail in "The NRA Range Source Book, 2012 edition." For the purpose of the chief of the division of wildlife's standards for shooting ranges, private and public shooting ranges shall have an implemented safety plan that substantially includes, but is not limited to, the following items:


(1) A description of the range that stipulates how, when, why, and by whom the facility will be used.


(2) The safety plan should divide rules and regulations into the categories of gun handling rules, general range rules, specific range rules, and administrative rules and regulations. Each category should substantially contain, but not be limited to, the following items:


(a) Gun handling rules


(i) Always keep the firearm pointed in a safe direction.


(ii) Always keep your finger off the trigger until ready to shoot.


(iii) Always keep the action open and firearm unloaded until ready to use.


(iv) Know your target and what is beyond the target area.


(v) Be sure the gun is safe to operate.


(vi) Know how to use your gun safely.


(vii) Wear ear and eye protection.


(viii) Never use alcohol or drugs before or while shooting.


(ix) Store guns so that they are not accessible to unauthorized persons or children.


(b) General range rules


(i) Know and obey the common range commands.


(ii) Know where others are at all times.


(iii) Shoot only at proper and authorized targets.


(iv) When two or more shooters are present, shooters should consult each other before moving down range from the firing line.


(v) Unload, open the action, ground or bench all firearms during a cease-fire or when someone moves down range to the target area.


(vi) Make sure bystanders and observers that are close to the range are wearing ear protection.


(c) Specific range rules


(i) Hours of operation for shooting activities.


(ii) Type of firearms allowed or restricted.


(iii) Caliber or shotgun gauges allowed or restricted.


(iv) Bullet or shot types allowed or restricted.


(v) Target placement, type of targets, and target holders allowed or restricted.


(vi) Type of shooting activities allowed or prohibited.


(d) Administrative rules and regulations


(i) Rules and regulations that govern the normal operation of the range and facilities such as parking, maintenance, schedules, guest policies, fees, security, supervision, sign-in procedures, and etc.


(ii) Procedure to spot-check range users for compliance to range rules.


(iii) Penalties, sanctions, or consequences for violations of the range rules and regulations.


(3) This safety plan shall be posted in a prominent location on the range and range members or users shall be made aware of the safety plan before firing on the range.

 

[David (OHGO)]

I'm not sure what the book contains, and I didn't have a bunch of time to read the law writer.  However that seems to apply to gun ranges operated by ODNR, or other government entities perhaps? It only seems to make a suggestion that if you run a gun range to follow the same guidelines to increase safety while reducing liability.

 

[dreesr1]

Are you looking to make it open to the public? Or is this personal use?

 

[~ZENAS~]

If you are just talking about a personal shooting range at your home, 1533.84 et al is not really intended to address that type of range. Yes, it clearly speaks of both public and private ranges, but the main thrust of the law deals with an actual range operated for use as a regular shooting range. This includes business open to the public, but also private clubs such as sportsmen's clubs, conservation clubs, Izaak Walton Leagues, etc... The purpose of the statute is to confer immunity from noise regulations for those ranges designed according to NRA standards (you can buy the manual for like $50 online and it will give all the specifics of range design). As was referenced in the Administrative Code section you quoted, the purpose is to provide for clear immunities listed in RC 1533.85. That basically says a range operated according to the NRA regs gets immunity from noise complaints (it's more complex than that but that's the gist in layman's terms). The clear goal is to recognize that there is always going to be some loud noise associated with operating a shooting range, and we want uniformity in our state regarding confidence of range owners that they won't be closed down just because some neighbors move into town and don't like the noise. It's to keep ranges operating and free from noise related litigation.


Obviously much of this isn't all that relevant to a person setting up a place to shoot at their homestead. Most of us who shoot at our homes really don't have to worry about such noise regulations, and if we do, we just exercise respect about the hours we are out shooting. And there really is nothing to worry about. However, if you do have a complaining neighbor who is being unreasonable, or your township zoning board goes haywire, if you do design your range in substantial compliance with the NRA guidelines, you can at least still point to this statute to quash any noise complaints you might get. But in reality, I just don't see the need to go through the expensive and thorough steps to set up a range like that for personal at home use. I just go out and shoot and do it safely. I suppose if I started to get noise complaints I might reconsider just for some added insulation from complaint, but in most home ranges it isn't necessary. As long as you set up your range so that it is safe, you should be good to go.


Hope that helps a bit. And don't construe it as legal advice, just a brief summary posted online by a lawyer, but not intended as specific legal advice for an individual. Seek counsel if you have further questions. That said, I just wanted to clear up the purpose of the law you mentioned. It looks like you were looking on laws regulating shooting ranges, and you didn't find them because they don't really exist in Ohio law. The law you found is basically what we have, and all it does is grant immunity from noise complaints. Otherwise, you just set up your range subject to the usual legal principles of negligence and tortfeasor/landowner liability, just like any other activity you undertake on your property.

 

[Maximinus Thrax]

Thanks for the updates on this one.  I wasn't sure just how "private" of a range this was talking about so I'm glad I asked.


I'll keep this in mind going forward.  I like the idea of having a legal defense that I can use in the event of an annoying neighbor or township so I started digging.  I'll do what I can afford from the NRA guidelines and make sure everything is as safe as I can make it.  Hopefully, it won't be a problem.