Sixth Circuit Sends Gun Range Zoning Case Back for Consideration After Bruen

AmmoLand ^ | August 10, 2022 | Dean Weingarten

[marktwain]

On November 2, 2018, Oakland tactical filed a lawsuit against Howell Township, Michigan, for using zoning to prevent the ability to construct commercial ranges in the Township, particularly a thousand-yard range on property which was a former quarry. Oakland Tactical has an option to purchase the property to construct such a range.

On July 11, 2019, an amended complaint was filed by Oakland Tactical. From the complaint by Oakland Tactical:

3.Howell Township has prohibited the siting, construction, and operation of shooting ranges in the town through its zoning regulations by failing to provide or allow any designated areas within the town wherein the siting, construction, or operation of a shooting range would be permissible.

4.Through its actions and inactions, Howell Township has infringed the rights of Oakland Tactical Supply, LLC (“Oakland”) to site, construct, and operate a shooting range within the borders of Howell Township, effectively banning all firearms ranges within the township, and the rights of the individual Plaintiffs to practice for lawful purposes with firearms.

Oakland Tactical relied, among others, on the Ezell case from Chicago, where the Seventh Circuit ruled Chicago could not ban commercial gun ranges in Chicago or use a complicated regulatory scheme to do so.

On September 10, 2020, in the United States District Court, Eastern District, Southern Division, Judge Bernard A. Friedman dismissed the lawsuit on the grounds the zoning ordinance did not infringe on the Plaintiffs’ Second Amendment rights.  From the order to dismiss:

Defendant seeks dismissal of the complaint on a number of grounds, but the Court is persuaded that the complaint should be dismissed for failure to state a claim because defendant violated none of plaintiffs’ Second Amendment rights by denying the requested zoning amendment at issue.

(skip)

[marktwain]

A zoning case is vacated and sent back to the District Court to be reconsidered under the Bruen Second Amendment decision.

[LS]

I wrote a piece on Substack on Friday night: https://larrys.substack.com/p/elections-are-the-superstructure?utm_source=%2Finbox&utm_medium=reader2

“The Elections are the Superstructure: Pay Attention to the Tectonic Shift in the Foundation”

I cited FOUR recent cases exemplifying this. Now I have a fifth.

[T.B. Yoits]

The militia needs to meet on the village green for training with ammunition provided by the municipality.

Having a range in a nearby quarry would be an acceptable substitute.

[cyclotic]

A buddy used to shoot at that quarry for free, then the government got involved