Judge Dismisses DOJ Suit Over Montgomery County Gun Carry Zones

A federal judge has dismissed the Justice Department's challenge to Montgomery County, Maryland's restriction on carrying firearms near public locations, leaving the ordinance in place while DOJ decides whether to appeal.

Snapshot

U.S. District Judge Theodore Chuang ruled this week that the DOJ's lawsuit failed to show a "pattern or practice" of unconstitutional enforcement by Montgomery County police, as required under the statute the federal government cited. The ruling did not address whether the underlying law violates the Second Amendment, and the county's restriction remains in effect for now.

Key points

• The law in question: Montgomery County's emergency measure, passed in July, bars firearms within 100 yards of places like government buildings, parks, and schools, though it narrowed some restrictions to comply with a separate ruling.
• Judge's reasoning: Chuang wrote the DOJ's suit was "devoid of any allegations of any actual conduct by law enforcement officers" tied to the new law, so the 1994 statute DOJ relied on didn't apply.
• DOJ's response: Spokesperson Kiersten Pels said the department is "assessing the decision and next steps" while remaining "committed to protecting the Second Amendment rights of law abiding citizens in Maryland."
• What's unresolved: The ruling sidesteps the Second Amendment merits entirely, meaning the law's constitutionality under Bruen hasn't been tested in this case.

Quick take

Bearing Arms writer Tom Knighton argues Chuang's reasoning missed the point, contending that a law's mere existence pressures law-abiding carriers to avoid these zones regardless of enforcement records. He predicts DOJ will appeal, betting the 100-yard buffer creates carry-free zones broader than any reasonable "sensitive location" standard allows.

Read the full story: bearingarms.com