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Posted on 07/09/2021 5:09:06 AM PDT by marktwain
On 28 May, 2021, the Commonwealth Court of Pennsylvania reversed a decision that held that Stroud Township had the power, through zoning ordinances, to prevent people from discharging firearms on their own property.
The Court reversed a summary judgment by the Court of Common Pleas of Monroe County dated 26 May 2020. The plaintiff, Jonathan Barris, appealed the decision on the grounds that Township Ordinance No. 9-2011 was unconstitutional under the Second Amendment.
The Ordinance has been enacted on 6 December 2011. Barris had operated a private range on his property prior to that date.
Pennsylvania law has a strong preemption statute that prevents laws, codes or regulations pertaining to firearms by local government units. The preemption law does not protect the discharge of firearms.
The trial court held the Pennsylvania range protection statute did not apply because it only protected owners of ranges from civil action or criminal prosecution related to noise or noise pollution:
All owners of rifle, pistol, silhouette, skeet, trap, blackpowder or other ranges in this Commonwealth shall be exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by this act shall apply to said ranges.
Thus, while a reasonable person might believe private ranges and the private use of guns were well protected, the
(Excerpt) Read more at ammoland.com ...
As the Commonwealth’s Constitution states: The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Zoning is taking of property without compensation.
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Probably does not apply to Home Owner Association agreements. I live in San Antonio, but my HOA prohibits discharge of either firearms or fireworks within the HOA boundary area.
Fortunately, I have a top-of-the-line airgun (spring-air) which makes virtually no noise, so varmints still need to beware.
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