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In NY and I assume in all places, the shooter is responsible for where his bullet winds up.
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This!!! ^^^^^^^^^^^
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The other half is people missing low, and by low I mean short of the berm such that the round skips.
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Bingo!! A few years ago the Ft. Sill private weapons range was closed because shooters of muzzleloaders were firing bullets into the dirt short of the berm. Bullets were richocheting over a 200+ foot hill and striking buildings at the sportsmans center and hitting vehicles in the parking lot of that facility.
Current US Army ranges are built to the standard that the military owns the property to the maximum range of the weapon/s fired on that range. If you do not own the property to the maximum range of the weapon being fired you need a good berm.