Barris v. Stroud Township (May 28, 2021)

Barris v. Stroud Township,  671 CD 2020 (May 28, 2021).

WARNING POSSIBLE APPEAL: Barris launched a collateral, constitutional attack on a township ordinance limiting firearms discharges to certain zoning districts. The Court held the firearms discharge ordinance facially unconstitutional as an allegedly overbroad impairment of Second Amendment rights (failing intermediate scrutiny). While the Court did not establish a new right to practice firearms, allegedly, the Court notes that municipalities may limit firearms discharges via zoning or other ordinances more narrowly crafted to  address firearms discharges. NOTE: The case did not address, 35 P.S. § 4501 and 35 P.S. § 4502  Noise Pollution Exemption for Firing Ranges, which allows municipalities to establish noise limits on firing ranges as long as done so prior to construction of the firing range.