Drummond v. Robinson Township: Defending Local Zoning Decision Against Meritless Second Amendment Lawsuit
Case Information: Drummond v. Robinson Township, No. 20-1722 (3rd Cir. brief filed August 13, 2020)
At Issue: William Drummond, the Greater Philadelphia Gun Club, and The Second Amendment Foundation (collectively, “GPGC”) filed suit against the Township of Robinson and its Zoning Officer for rejecting their application to open a commercial gun range in the town’s Interchange Business District (IBD), where commercial gun ranges are not permitted. GPCC challenged the zoning ordinance on Second Amendment grounds. A federal District Court found that the ordinance was constitutional. The case is now on appeal before the Third Circuit.
Our Brief: We joined CeaseFirePA in a brief that argued that this case is a mundane zoning dispute that does not implicate Second Amendment rights. We argue that the District Court was correct in dismissing GPGC’s facial Second Amendment challenge, because the challenge is not against a law that burdens Second Amendment rights in all circumstances. Although it burdens GPGC’s ability to operate a commercial gun range in a specific zone of the Township, it does not limit their ability to operate a commercial gun range in different zones of the Township, or a non-commercial range in the zone in which they are applying.