South Carolina Code 31-18-30. Nuisance action
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(A) Except as provided in this subsection, a person may not maintain a nuisance action for noise against a shooting range, or the owners, operators, or users of the range, located in the vicinity of that person’s property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in the use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three years from the beginning of the substantial change.
(B) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range, or the owners, operators, or users of the range, only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range.
Terms Used In South Carolina Code 31-18-30
- person: means an individual, partnership, limited liability company, corporation, club, association, governmental entity, or other legal entity. See South Carolina Code 31-18-20
- range: means an area that is:
(a) designated, utilized, and operated by a person for the firing of firearms; where
(b) the firing of firearms is the usual, regular, and primary activity occurring in the area; and where
(c) the improvements, size, geography, and vegetation of the area are such that a projectile discharged from a firearm at a target would not reasonably be expected to escape its boundaries by virtue of the trajectory of the projectile, or by virtue of a backstop, berm, bullet trap, impact barrier, or similar device designed to prevent the escape of such projectiles. See South Carolina Code 31-18-20 - substantial change in the use: means that the current primary use of the range no longer represents the activity previously engaged in at the range. See South Carolina Code 31-18-20
(C) If there has been no shooting activity at a range for a period of three years, resumption of shooting is considered establishment of a new shooting range for purposes of this section. The three-year period shall be tolled if shooting activity ceases due to legal action against the shooting range or the owners, operators, or users of the shooting range.