Is Noise from a Gun Range Ruining Your Peace? Pennsylvania Says Too Bad.
Written by Katelin Carter, Law Student Intern
The Forgotten State Law That Grants Immunity from Noise Complaints to Pennsylvania Shooting Ranges
If you live near a shooting range in Pennsylvania and believe the sound of gunfire has destroyed the quiet enjoyment of your property, the law offers little repose. Since 1988, Pennsylvania has had a statute on the books that significantly limits civil and criminal actions based on noise from shooting ranges.
The Noise Pollution Exemption for Shooting Ranges Act, 35 P.S. §§ 4501-4502, grants immunity from claims “relating to noise pollution” when a shooting range complied with the noise ordinance that existed when it was built or was built at a time when no noise ordinance existed. It was enacted as Act 74 of 1988, originating as House Bill 1818 (1987-1988 Regular Session). The bill’s title left little room for interpretation: “An Act exempting owners of shooting ranges from any civil or criminal actions relating to noise pollution.” It passed the House by a vote of 186-1, passed the Senate unanimously, and was signed into law on June 2, 1988. Legislative debate confirms the Act’s purpose. Senator Greenwood explained on the Senate floor that House Bill 1818 would “grant immunity from civil or criminal actions for shooting ranges for any issue related to noise pollution” and was intended to protect ranges from nuisance suits or from overregulation that would inhibit them from being enjoyed by their members.
In 1998, the General Assembly amended the statute through Act 130, effective retroactively to June 2, 1988. The amendment added language providing that where no noise control law or ordinance existed at the time construction of a shooting range was initiated, the immunity granted by the Act nevertheless applies. In practical terms this meant that even older ranges built before local noise ordinances were adopted qualify for statutory immunity.
Pennsylvania courts have largely taken the legislature at its word. In Gray v. Barnhart, 601 A.2d 924 (Pa. Commw. Ct. 1992), the Commonwealth Court held that the Noise Pollution Exemption Act did not bar a neighbors’ noise-based nuisance claim where no noise control ordinance existed at the time the shooting range was constructed, reasoning that immunity applied only if a qualifying ordinance was in effect and the range was in compliance with it. The General Assembly responded with the 1998 amendment, which provides that immunity applies even where no noise control law or ordinance existed when construction began. Since that amendment, there have been no published Pennsylvania cases in which a plaintiff has successfully challenged an existing shooting range for noise pollution absent a showing that the range failed to comply with an ordinance that was in effect at the time of construction.
Taken together, the statute and case law reflect a clear legislative choice to broadly shield shooting ranges from noise-based nuisance and injunction claims. If you have questions about how this statute may apply to a specific property or dispute, the attorneys at MPL Law Firm can help evaluate your options.