Wisconsin § 895.08 - Sport shooting ranges; actions related to safety.

§ 895.08. Sport shooting ranges; actions related to safety.

895.08(1) (1) Definitions. In this section: 895.08(1)(a) (a) “Clear and immediate public safety hazard” means an unsafe condition that originates from, or is at, a sport shooting range and that could reasonably be expected to cause death or serious injury to an individual. 895.08(1)(b) (b) “Local unit of government” means the governing body of a county, city, town, village, or the elected tribal governing body of a federally recognized American Indian tribe or band in this state. 895.08(1)(c) (c) “Sport shooting range” has the meaning given in s. 895.527 (1) . 895.08(2) (2) Temporary closure. 895.08(2)(a) (a) Except as provided in par. (b) , no law enforcement officer or court may require the owner or operator of a sport shooting range to cease or suspend any portion of its operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range because of an alleged or actual unsafe condition at, or originating from, the sport shooting range. 895.08(2)(b) (b) 895.08(2)(b)1. 1. A court may, upon petition by a law enforcement officer, temporarily order the owner or operator of a sport shooting range to cease or suspend a portion of its operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range if it finds that there is probable cause to believe that the portion of the operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range constitutes a clear and immediate public safety hazard. 895.08(2)(b)2. 2. A court may, upon petition by a local unit of government or an individual, temporarily order the owner or operator of a sport shooting range to cease or suspend a portion of its operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range if the court finds, upon a preponderance of the evidence presented, that the portion of the sport shooting range’s operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range constitutes a clear and immediate public safety hazard. 895.08(2)(b)3. 3. There is a rebuttable presumption that no portion of a sport shooting range’s operation, use of a particular firearm type at the sport shooting range, or conduct of a particular activity at the sport shooting range constitutes a clear and immediate public safety hazard. 895.08(3) (3) Continuing operations. 895.08(3)(a) (a) An owner or operator of a sport shooting range who has been ordered by a court under sub. (2) to temporarily cease or suspend a portion of its operation, the use of a particular firearm type at the sport shooting range, or the conduct of a particular activity at the sport shooting range may arrange for an evaluation of the sport shooting range by an entity designated by the department of natural resources under s.