U.S.A. -(AmmoLand.com)- Today, Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) announced the filing of an important amicus brief in the Third Circuit Court of Appeals case, Drummond v. Township of Robinson. The brief, joined by the Madison Society Foundation, is available online at FPCLegal.org.
The Greater Pittsburgh Gun Club (GPGC) started offering firearms sales and training on rural land outside of Pittsburgh, Pennsylvania over 50 years ago. For many of those decades, Robinson Township has resolved to shut the club down. In the 1990s, Robinson Township brought a nuisance action against GPGC, but the court determined that GPGC was not a nuisance. Then, Robinson Township brought a licensing action against GPGC but failed in court again. Now, Robinson Township has enacted an ordinance forbidding GPGC from operating for-profit, or from allowing center-fire rifle shooting on the property—but only if it is operating as a gun club. The club’s owner, William Drummond, brought this action, alleging that the new ordinance violates the Second Amendment.
“Too often people are bullied for engaging in constitutionally protected activity, so we filed this brief to explain why the court should step in and protect the exercise of Second Amendment rights,” said FPC Director of Research and brief author, Joseph Greenlee. “We are happy to help Mr. Drummond defend his rights and the rights of his clients against Robinson Township’s relentless efforts to forcibly close his gun club.”
“We’re hopeful that GPGC can soon get back to providing the public with goods and training protected by the Constitution, as it has for several decades,” Greenlee concluded.
Background
- William Drummond’s family has operated the Greater Pittsburgh Gun Club on 265 rural acres in Robinson Township, Pennsylvania, for several decades.
- The Township has long sought to shut the club down. It first brought a nuisance case. When that was unsuccessful and the club was determined safe, the Township went after the club for alleged licensing violations. When that didn’t work, the Township enacted restrictions prohibiting the club from operating for a profit, and prohibiting outdoor center-fire rifle shooting on the property—but only if the property is used as a gun club.
- Drummond brought suit, arguing, among other things, that the Township’s restrictions violate the Second Amendment due to their burdens on firearms training and commerce.
- The United States District Court for the Western District of Pennsylvania upheld the restrictions in 2019, but without requiring the government to justify the burdens it imposed on Drummond’s club.
- The Third Circuit Court of Appeals reversed, explaining that the District Court had to conduct a heightened scrutiny analysis before upholding the laws.
- On remand, the District Court re-granted the same motion it had granted the first time around, again without conducting a meaningful heightened scrutiny analysis.
- Drummond argued that the District Court improperly applied heightened scrutiny again, and emphasizing the court’s animus towards the right to keep and bear arms, asked for the case to be reassigned to a different judge on remand.
- FPC and FPF elaborated on the District Court’s poor treatment of the Second Amendment, highlighting the many ways in which the court treated the Second Amendment differently than other enumerated rights.
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, advance individual liberty, and restore freedom. Gun owners and Second Amendment supporters can join the FPC Grassroots Army at JoinFPC.org.
The gun club should sue the township for judicial harassment for the years of lawsuits that have been brought against it and name a hefty price in the suit for damages they have caused.
There is some things known as a grandfather clause in most laws and if it is available in this case it should be brought out.
This is one of many fronts on the Progressive New Left’s war on liberty via the war on guns. They will take every avenue of approach to attack, disrupt and render moot your right to keep and bear arms. Gun clubs, shooting ranges, gun stores and ammunition sales are just one of many targets for these neofascists. They stop at nothing to subvert your ability to remain a self reliant and free individual. So when do you take a stand?
This nation is founded on Judeo-Christian Scripture. Part of this reads; “If a man has no sword (the assault weapon of that day) then he should sell his cloak (his outer garment) and buy one.”. Luke 22:36 It should be noted that the LORD HIMSELF said this. Besides being a natural RIGHT, our forefathers put it into law as the 2nd amendment. The RIGHT to keep and bear arms is the last hope we have that assures we retain all of our other GOD given, constitutionally protected RIGHTS. Therefore we cannot, we must not surrender our firearms, ammunition, magazines and… Read more »
Courts Must Treat 2A as Real Right, Not Second-Class
Roberts has just proven that is not going to be a reality.impeach/remove or replace.
The Second Amendment is an inalienable, God-given Right. It is absolute, regardless what an anti-America democrat SCOTUS says.(READ the Federalist Papers).
All ‘gun control laws’ are unconstitutional.
They only work because Americans are too cowardly to ignore them.
It is easier to kneel than to stand.
Heck, Americans are so lazy, they won’t vote! In 2016, only 43% of Republicans voted. That other 57% was too busy watching TV and continuing the expansion of their butts and bellies, to vote for Freedom and Liberty.
The country, and Rights, you lose will be your own.
Why has the gun club stopped this activity? Whatever happened to innocent until proven guilty? The burden should be upon the township to prove their ordinance is legal before the club must cease and desist.