Wednesday, August 18, 2021

Federal Court Sides with Pennsylvania Gun Club | The Reload

Federal Court Sides with Pennsylvania Gun Club | The Reload: Pennsylvania gun clubs and shooting ranges may soon enjoy new protections. A lawsuit challenging the zoning restrictions on a Pittsburgh-area gun club will be allowed to proceed following a Federal Court ruling on Tuesday. A three-judge panel in the Third Circuit Court of Appeals ruled unanimously that a lawsuit against a locality’s restrictive zoning laws may proceed on Second Amendment grounds. It vacated the lower court’s dismissal of the suit and directed the district judge to reexamine the claims under heightened scrutiny. “In identifying which rules invade the Second Amendment, we hunt for historical outliers,” Judge Cheryl Ann Krause wrote for the unanimous court. “Because the challenged zoning rules constitute outliers, and because the pleading-stage materials fail to justify their anomalous features, we will vacate the District Court’s dismissal order and remand for discovery.”

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