FOAC, et al. Sues Lower Merion Township Over Unconstitutional Zoning Ordinance

[ShotTec1]

In April of 2023 Lower Merion Township spat in the face of the PA constitution and 2nd Amendment by passing a zoning ordinance targeting both home-based and commercial FFLs in the township. In addition to limiting FFLs to only preapproved areas of the township, the ordinance institutes "conditional use" requirements in attempt to regulate FFLs out of existence. Shot Tec, LLC and FOAC are engaged in an ongoing lawsuit to challenge this unjust attempt on lawful firearms transfers. The ordinance came as a direct response to mere Shot Tec's existence as an 07/02 FFL in the Bala-Cynwyd neighborhood of Lower Merion. They hope to set precedent that can be used to regulate FFLs out of existence in all of Pennsylvania. As a consequence of the legal battle with the Township, we at Shot Tec, LLC were force to let our FFL and SOT lapse. We remain open for training and non-FFL based sales, however we are now heavily limited in our ability to service our community. No longer can we facilitate lawful transfers of firearms and NFA items, nor can we store firearms for those in need as part of our partnership with Hold My Guns.

Per Prince Law's blog entry on the lawsuit, "As explained in the 37 page Complaint, in violation of numerous constitutional and statutory provisions and in outright defiance of the Commonwealth Court’s recent en banc decision in FOAC, et al. v. City of Pittsburgh that “that an ordinance will be preempted so long as it touches upon or relates to the field of firearm regulation ‘in any manner,’” Lower Merion Township enacted Ordinance 4267, which regulates zoning districts from which firearms may be transferred or otherwise sold. While the Township originally contended that it only bans FFLs as home occupations and from most, but not all, other zoning districts (which is unlawful in and of itself as a result of preemption), Ordinance 4267 is actually completely exclusionary as it requires a copy of the issued FFL and state licenses to be on file with the Township to comply with the “conditional use;” yet, one must certify, subject to the penalties of perjury, that he/she/it is in compliance with local zoning to obtain an FFL; thereby resulting in a chicken-or-the-egg impossibility of never being able to come into compliance with the requirements of Ordinance 4267."

You can learn more about our ongoing situation and support Shot Tec and FOAC's lawsuit by following these links:
https://shottectraining.com/train-fo...-pennsylvania/
https://blog.princelaw.com/2023/07/0...rearm-dealers/

HoldMyGuns:
https://www.holdmyguns.org/

[Qtrborecrazy]

Someone always trying to skate up hill on ice - Lower Merion township. Hope you win the court battle with Prince on your side.