Pennsylvania Firearm Owners Association
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  1. #1
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    Default Stroud Township (Monroe County) Gun Range Case

    https://pennrecord.com/stories/51127...to-trial-court

    HARRISBURG – The Commonwealth Court of Pennsylvania remanded a case back to trial court involving a Stroud Township gun owner who challenged the constitutionality of not being allowed to discharge firearms on his property due to a local ordinance.The appellate court ruled Nov. 17 that the trial court failed to conduct any constitutional analysis of plaintiff Jonathan Barris’ claim “that the ordinance, which restricts his ability to practice firing his firearms on his property ... unconstitutionally infringes on his rights under both the Second Amendment and Article I, Section 21 of the Constitution of Pennsylvania either facially or as applied.”

  2. #2
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    I don't think the 2nd Amendment or PA's Constitution will have anything to do with the firing of "arms". It's the right to keep and bear arms....not the right to keep, bear and shoot arms. But, the legal beagles can argue that.

  3. #3
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    Local towns are free to enact ordinances against discharging firearms.
    I don't speak English , I talk American!

  4. #4
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    Quote Originally Posted by Steve in PA View Post
    I don't think the 2nd Amendment or PA's Constitution will have anything to do with the firing of "arms". It's the right to keep and bear arms....not the right to keep, bear and shoot arms. But, the legal beagles can argue that.
    Since the words "well regulated" appear in 2A, he could argue that his rights are infringed upon as to be "well regulated" requires one to practice.

  5. #5
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    Mohnton, Pennsylvania
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    I can see containment of noise and projectiles to one's own property. We have engineered solutions for all that.

  6. #6
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    amazing what you can do with a tractor and some dirt.
    hell I did it with tree chippings.

  7. #7
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    Was this issue ever resolved? I tried Google, but found nothing.

  8. #8
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    Pocono`s, Pennsylvania
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    Hard to tell. Under 5 acres.

    Untitled.jpg

  9. #9
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    The reason I’m asking is that we may have a somewhat similar situation in the town where I work. We have one or two nannies who are raising a stink about a resident shooting, safely I might add, on his property. However, our ordinance says a firearm can only be discharged by LE, people hunting or for self-defense.

    I found several cases where towns either got rid of their ordinances or changed them to allow safe shooting on their property. The towns were leery of Act 192, but since that was shot down, seems current ordinances have a leg to stand on.

  10. #10
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    Chambersburg, Pennsylvania
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    Default Re: Stroud Township (Monroe County) Gun Range Case

    Quote Originally Posted by Steve in PA View Post
    The reason I’m asking is that we may have a somewhat similar situation in the town where I work. We have one or two nannies who are raising a stink about a resident shooting, safely I might add, on his property. However, our ordinance says a firearm can only be discharged by LE, people hunting or for self-defense.

    I found several cases where towns either got rid of their ordinances or changed them to allow safe shooting on their property. The towns were leery of Act 192, but since that was shot down, seems current ordinances have a leg to stand on.
    A quick google search led me to at least six instances where local-level discharge requlations were either repealed or their comtemplation halted because of threats of legal challenge by FOAC. I won't go into the legal debate here, but if you have an ear in the local government, you may suggest to them it won't happen without notice or challenge.

    Arguing "6120 doesn't say anything about discharge" is far from the end of the discussion. The same arguments would apply for Joe Resident as would for FOAC, and if you've look at their financials (FOACs), you know the legal challenges are for the most part 'pro bono', at a steeply discounted rate, or funded through public pleas for support. That would indicate (at least to me) that the absence of Act 192 isn't a sure-fire guarantee that their won't be a real legal challenge by attorneys who can likely argue circles around a town solicitor.
    Last edited by gnbrotz; December 27th, 2018 at 06:26 PM.
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