FPC Daily 2A Legal Update – 8/18/21


Updates in Michigan, Pennsylvania, and Missouri Cases in Today’s FPC Daily 2A Legal Update

8/18/21

In today’s FPC legal update, we have updates from cases from Michigan, Pennsylvania, and Missouri.


Oakland Tactical v. Howell Township

Issue: Gun range zoning

Court: Sixth Circuit

Action: Reply brief

A reply brief was filed in a lawsuit challenging zoning restrictions imposed by Howell Township, Michigan that prohibit shooting ranges for long guns. The brief argues that the restrictions violate the Constitution, saying “if the Second Amendment protects a right to train with firearms (which the Township does not deny), it is incumbent on the Township to show why long-range training specifically falls outside of the scope of the Second Amendment’s protection.” The brief also mentions yesterday’s opinion in Drummond v. Robinson Township, saying that “the Third Circuit reversed the dismissal of a Second Amendment challenge to local range restrictions much less burdensome than the Township’s restrictions here,” thus “[i]f reversal was properly ordered in Drummond, it necessarily must be ordered here.” The court will now decide whether to hold oral arguments in this case before making a ruling in it.


Williams v. Garland

Issue: Prohibited persons

Court: Third Circuit

Action: Appellant’s reply brief

In this reply brief, the plaintiff argues that the government is unconstitutionally prohibiting him from possessing firearms, noting that he “has no history of violence and a Board-certified clinical psychologist determined that his possession of firearms presents no risk to himself or others” and that his DUI was a misdemeanor that did not involve the use of force. In addition, the brief argues that “there is no cross-jurisdictional consensus regarding the seriousness of the crime, because his conduct would meet the traditional definition of a felony in only eleven other states.” The court will now decide whether to hold oral arguments in this case before making a ruling in it.


St. Louis v. Missouri

Issue: 2A sanctuary law

Court: MO state court

Action: Statement of interest of the United States

The Unites States filed a “statement of interest” in this lawsuit that challenges the constitutionality of Missouri’s Second Amendment Preservation Act. The filing argues that the law is unconstitutional, saying that it “undermines law enforcement activities in Missouri”, “is legally invalid”, and causes “significant harms to law enforcement within the State of Missouri.” In addition, the United States’ filing claims that Missouri’s law “has already prompted the withdrawal of nearly a quarter of ATF’s state and local support.” A hearing in this case is scheduled to take place tomorrow.


 





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Author: Joey Webster

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