United States District Court for the Western District of Pennsylvania granted a preliminary injunction order to Plaintiffs William Drummond and the Second Amendment Foundation, Inc. on October 13, 2021. This prevents the township, Robinson, from refusing to let Drummond operate a range on property which had been the 265-acre Greater Pittsburgh Gun Club since the 1960s.
From the Order, which applied heightened scrutiny analysis:
“Although the health, safety, and welfare are substantial government interests, the Township must provide some evidence of how the amendments to the Zoning Ordinance serve those substantial government interests. The government must ‘persuade us that ‘the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct and material way.'”
The Commonwealth Court of Pennsylvania came to the same conclusion, that zoning ordinances do not trump pre-emption statutes, on the same basic fact pattern in May in Barris vs. Stroud Township.
This case is Drummond v. Robinson Township.