28 F. Supp. 3d 340
M.D. Penn.2014Background
- This case challenges Section 2303(a) of the Pennsylvania Game and Wildlife Code, which bans Sunday hunting of furbearer and game.
- The statute provides several exceptions: foxes, coyotes, crows, and feral hogs may be hunted on Sundays; noncommercial hunting grounds are exempt.
- Plaintiffs allege they are prohibited from Sunday hunting for furbearer and game, except where exceptions apply.
- Violations can lead to a summary offense of the fifth degree and license actions.
- Plaintiffs filed an amended complaint seeking declaratory relief and a permanent injunction; defendants moved to dismiss for lack of jurisdiction and failure to state a claim; Eleventh Amendment immunity and improper party issues were raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 2303(a) violates the Second Amendment. | Davis argues Heller/McDonald support a right to hunt. | Defendants contend there is no protected right to recreational hunting under the Second Amendment. | Count One dismissed for lack of standing and no protected-right injury. |
| Whether section 2303(a) violates the Equal Protection Clause. | Plaintiffs allege unlawful class-based distinctions among hunters. | Statutory classifications have rational basis; no fundamental right implicated. | Count Three dismissed with prejudice; rational-basis review sustains the statute. |
| Whether section 2303(a) violates the First Amendment. | Section 2303(a) has a religious basis; enforcement infringes First Amendment rights. | No well-pleaded factual injury and no secular-religious basis shown; otherwise, claim fails. | Count Five dismissed for lack of standing and failure to state a claim. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (establishes core Second Amendment right to bear arms for self-defense in the home)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (applies Second Amendment to the states; context for hunting rights)
- United States v. Marzzarella, 614 F.3d 85 (3d Cir. 2010) (two-step analysis for Second Amendment constraints)
- Drake v. Filko, 724 F.3d 426 (3d Cir. 2013) (debates whether right to bear arms extends beyond home)
- Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. 2012) (Second Amendment protections and home-centered view)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard requiring plausible claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for evaluating complaints)
- Sprint Commc’ns Co. v. APCC Servs., Inc., 554 U.S. 269 (U.S. 2008) (standing requires concrete and particularized injury)
- Donatelli v. Mitchell, 2 F.3d 508 (3d Cir. 1993) (mentions standards for equal protection review)
