Barris v. Stroud Twp., 2024 Pa. LEXIS 240 (February 21, 2024) (Dougherty, J.).
The Second Amendment to the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. For the first time in this Court’s history, we are called upon to interpret this language. Specifically, we consider the legality of a township ordinance that prohibits the discharging of firearms within the township — subject to certain exceptions, including the discharging of firearms at indoor and outdoor shooting ranges. Multiple zoning ordinances dictate when and where shooting ranges, whether for personal or commercial use, may be constructed. Practically speaking, these zoning ordinances combine with the discharge ordinance to preclude shooting ranges in approximately 65% of the township, including all residential districts. The question we face in this appeal is this: Does the discharge ordinance, when considered alongside the zoning ordinances limiting shooting ranges to two non-residential districts in the township, violate the Second Amendment on its face? We hold it does not.
