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28 F. Supp. 3d 340
M.D. Penn.
2014
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Background

  • 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)
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Case Details

Case Name: Hunters United for Sunday Hunting v. Pennsylvania Game Commission
Court Name: District Court, M.D. Pennsylvania
Date Published: Jun 18, 2014
Citations: 28 F. Supp. 3d 340; 2014 U.S. Dist. LEXIS 83516; 2014 WL 2770228; No. 1:13-cv-01939
Docket Number: No. 1:13-cv-01939
Court Abbreviation: M.D. Penn.
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    Hunters United for Sunday Hunting v. Pennsylvania Game Commission, 28 F. Supp. 3d 340