THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, BOYD, CLYMER, CREIGHTON, GIBBONS, GINGRICH, PYLE, ROHRER, SCAVELLO AND VULAKOVICH, MAY 5, 2009

REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 5, 2009  

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, establishing the Shooting Range Community Safety

Grant Program; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 34 of the Pennsylvania Consolidated Statutes

is amended by adding a chapter to read:

CHAPTER 30

SHOOTING RANGE COMMUNITY SAFETY GRANT PROGRAM

Subchapter

A.  Preliminary Provisions

B.  General Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

3001.  Scope of chapter.

3002.  Policy.

3003.  Definitions.

§ 3001.  Scope of chapter.

This chapter provides for the creation of the Shooting Range

Community Safety Grant Program to be administered by the

commission.

§ 3002.  Policy.

The General Assembly finds and declares that:

(1)  The second amendment to the Constitution of the

United States and section 21 of Article I of the Constitution

of Pennsylvania recognize a fundamental right to keep and

bear arms.

(2)  Citizens are entitled to properly use such arms, in

addition to other shooting implements, at Commonwealth

shooting ranges in accordance with relevant Commonwealth law.

(3)  Commonwealth shooting ranges are entitled to

lawfully operate, providing the use of their facilities to

participants who are lawfully entitled to bear arms.

(4)  While shooting ranges generally institute safety

measures of the highest level, Commonwealth communities and

citizens residing in the vicinity of shooting ranges have the

fundamental right to be safe from any harm that could be

caused as a result of normal shooting range activities.

(5)  Due to factors such as increased development,

changes in physical characteristics of surrounding areas and

other relative factors, shooting ranges must at times make

changes or improvements to their facilities in order to

properly protect the safety of the public.

(6)  It is, therefore, in the best interest of this

Commonwealth to establish the Shooting Range Community Safety

Grant Program to provide financial assistance to shooting

ranges for the purpose of making physical changes or

improvements to their facilities in order to properly ensure

the safety of the surrounding communities and citizens

residing in the surrounding area.

§ 3003.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Shooting range."  Any hunting club, rifle club, rifle range,

pistol range or shooting range operated by a nonprofit

corporation or similar entity. The term shall not include any

shooting range owned or operated by:

(1)  The Commonwealth.

(2)  A political subdivision.

(3)  An agency of the Commonwealth or a political

subdivision.

(4)  A business entity organized and operating on a for-

profit basis.

SUBCHAPTER B

GENERAL PROVISIONS

Sec.

3011.  Powers and duties of commission.

3012.  Shooting Range Community Safety Grant Program Fund.

§ 3011.  Powers and duties of commission.

The commission shall have the following powers and duties:

(1)  Establish the Shooting Range Community Safety Grant

Program to provide moneys from the Shooting Range Community

Safety Grant Program Fund established in section 3012

(relating to Shooting Range Community Safety Grant Program

Fund) to owners of shooting ranges that have been in

operation for at least one year and that must alter, improve

or modify the physical characteristics of the shooting range

as a result of changed conditions in or around the locality

of the shooting range in order to properly protect and ensure

the safety of the surrounding communities or residents of the

surrounding area.

(2)  Impose limits on grant moneys so that no shooting

range obtains in excess of 10% of the funds distributed under

this chapter in any fiscal year and that the aggregate

distribution to shooting ranges in one county is not in

excess of 20% of the funds distributed under this chapter in

any fiscal year.

(3)  Promulgate rules and regulations as needed to carry

out the provisions of this chapter.

§ 3012.  Shooting Range Community Safety Grant Program Fund.

The Shooting Range Community Safety Grant Program Fund is

hereby established in the State Treasury as a restricted

account. The fund shall consist of funds appropriated by the

General Assembly. All moneys in the fund and the interest

accruing thereon are hereby appropriated to the commission on a

continuing basis to carry out the provisions of this chapter.

Section 2.  The sum of $500,000 is hereby appropriated from

the General Fund to the Shooting Range Community Safety Grant

Program Fund for the fiscal year July 1, 2009, to June 30, 2010,

to carry out the provisions of 34 Pa.C.S. Ch. 30.

Section 3.  This act shall take effect in 60 days.