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According to the complaint, after receiving a third legal complaint, the gun club and members are "being deprived of their right to keep and bear arms as defendant's Zoning ordinance barred the operation of center-fire rifles," according to the lawsuit.
The plaintiff alleges that the club has been providing people a safe location to learn and maintain proficiency in the use of firearms for nearly 50 years. The plaintiffs allege defendants stalled the club's operation and "refused to grant it the approval to which it was entitled, buying time in which to zone the club out of existence," according to court documents.
The plaintiffs hold Robinson Township and Mark Dorsey responsible because the defendants allegedly enforced a zoning ordinance under the color of law that deprived plaintiffs of equal protection of the law that infringes on the club owner and its members right to keep and bear arms.
The plaintiffs request a trial by jury and seek permanent injunction, compensatory damages, costs of suit, and any other further relief as the Court deems just and appropriate. They are represented by Alan Gura of Gura PLLC in Alexandria, Virginia.
Refused to grand approval to which it was entitled? Who or what entitled it? Sounds like an assertion of rights, while submitting to a permit process, where the club is asking for the mercy and approval of the Township. A bit of both sides of the mouth on this one, in the name of being "law abiding", while decrying the misuse of government power under the color of law.
Tough to build a case where you pound the table declaring one's Unalienable Rights, while simultaneously submitting paperwork and begging for scraps off the government's table.
I certainly hope that they win the case, would build great precedent. Having a public jury trial is a great idea, air it all out.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."
- Thomas Paine
"Malo periculosam, libertatem quam quietam servitutem."
This does seem to be Gura's type of dual justification that leads to the aforementioned "limited" rulings instead of declarations of absolute rights and the defense thereof.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
