The use or operation of a sport shooting range may not be enjoined as a nuisance on the basis of noise or noise pollution by any person who acquires an interest in real property adversely affected by the normal operation and use of a range that began operating prior to the time the person acquired the interest in real property.1

Moreover, the use or operation of a sport shooting range shall not be enjoined as a nuisance on the basis of noise or noise pollution:

  • If the range is in compliance with noise control statutes, rules or ordinances that apply to the range and its operation at the time that the initial operation of the range commenced;
  • Due to changes made to noise control statutes, rules or ordinances that apply to the range and its operation, if the changes take effect after the initial operation of the range commenced; or
  • If noise control statutes, rules or ordinances were not in effect at the time that the original operation of the range commenced.2

The provisions of New Mexico’s Sport Shooting Range Act do not apply:

  • To recovery for an act or omission relating to recklessness, negligence, wanton misconduct or willful misconduct in the operation or use of a sport shooting range;
  • To a nuisance action on the basis of trespass involving the operation or use of a sport shooting range;
  • To the operation or use of a sport shooting range that substantially and adversely affects public health or public safety; or
  • If there has been a substantial change in the primary use of a sport shooting range.3

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center’s Legal Action Project and the Coalition to Stop Gun Violence’s Gun Industry Immunity page.

See our Immunity Statutes / Manufacturer Litigation policy summary for a comprehensive discussion of this issue.

Notes
  1. N.M. Stat. Ann. § 17-8-4(B). ⤴︎
  2. N.M. Stat. Ann. §17-8-4(A). ⤴︎
  3. N.M. Stat. Ann. § 17-8-6. ⤴︎