West Virginia law provides that:
State law also provides that:
A person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person’s property if the range was established when the person acquired the property.3 If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within two years from the beginning of the substantial change.4 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 the range only if the action is brought within four years after establishment of the range or two years after a substantial change in use of the range.5 If there has been no shooting activity at a range for two years, resumption of shooting is considered establishment of a new range.6
See our Gun Industry Immunity policy summary for a comprehensive discussion of this issue.
- W. Va. Code § 55-18-1.
- W. Va. Code § 55-18-2.
- W. Va. Code § 61-6-23(b).
- W. Va. Code § 61-6-23(c).
- W. Va. Code § 61-6-23(d).