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Howell township, mi2/20/2024 Although “rifle ranges” were not specifically mentioned elsewhere in the Ordinance, the Township stated at a planning commission meeting that commercial shooting ranges were allowed in some districts, but not the ARD.1 In June 2020, the Township filed a motion for judgment on the pleadings. In 20, the Ordinance listed “rifle ranges” as an “pen air business use.” R. Oakland Tactical filed this action in 2018 and the operative complaint in 2019, alleging that the Ordinance, facially and as applied, “effectively ban the operation of rifle ranges and other shooting ranges, thereby prohibiting numerous traditional lawful uses of firearms that the Second Amendment protects.” R. Oakland Tactical seeks to operate an outdoor, 1,000-yard shooting range on its property in the Agricultural-Residential District (ARD) of the Township. We VACATE and REMAND to allow the district court to consider the plausibility of Oakland Tactical’s Second Amendment claim in light of the Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n, Inc. Plaintiffs-Appellants (collectively, Oakland Tactical) appeal the district court’s grant of judgment on the pleadings to Defendant-Appellee, Howell Township (Township), and its denial of Oakland Tactical’s motion for reconsideration, arguing that the Township’s Zoning Ordinance (Ordinance) violates the Second Amendment by effectively banning Oakland Tactical from operating an outdoor, long-distance shooting range on its property. HUNT, Clerk ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN OPINION Before: COLE, KETHLEDGE, and WHITE, Circuit Judges. HOWELL TOWNSHIP, MICHIGAN, Defendant-Appellee. 21-1244 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT OAKLAND TACTICAL SUPPLY, LLC JASON RAINES MATTHEW REMENAR SCOTT FRESH RONALD PERNOD EDWARD GEORGE DIMITROFF, Plaintiffs-Appellants, v. NOT RECOMMENDED FOR PUBLICATION File Name: 22a0322n.06 No.
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