Judge Tosses DOJ Suit Over Montgomery County Carry Zones on Technicality

A federal judge has dismissed the Justice Department's lawsuit against Montgomery County, Maryland's firearm-carry restrictions, leaving the county's gun-free zones in place for now without any ruling on whether they violate the Second Amendment.

Snapshot

U.S. District Judge Theodore Chuang denied DOJ's request for a preliminary injunction and dismissed the case with prejudice, finding the department lacked authority to sue under the federal statute it used, 34 U.S.C. Section 12601. Chuang never addressed whether Montgomery County's ordinance, which bars carrying within 100 yards of parks, schools, houses of worship, and other sites, passes constitutional muster.

Key points

• Wrong statute, per the judge: Chuang ruled Section 12601 requires a documented pattern of unconstitutional enforcement by officers, and DOJ cited no actual arrests or citations under the ordinance.
• No history, no case: The government also failed to show a track record of similar enforcement under earlier versions of the county's gun restrictions, which Chuang called fatal to the claim.
• Judge warns of overreach: Chuang called DOJ's reading of the statute a "breathtakingly broad expansion of federal power" that could let Washington challenge local laws on speech, protest, and religion too.
• Narrow win for the county: The dismissal only kills this specific legal theory; separate Second Amendment challenges to the ordinance continue unaffected.
• Bigger case looming: The Supreme Court is weighing cert in Novotny v. Moore, a challenge to Maryland's gun-free zones that could still reach Montgomery County's rules.

Quick take

Bearing Arms frames this as a procedural setback for the Trump administration's DOJ, not a substantive defeat for Second Amendment claims against the ordinance. The outlet notes Chuang has effectively handed other courts a roadmap to toss similar DOJ suits built on the same statute. For permit holders in Montgomery County, the carry restrictions stay in force while other legal avenues, including a possible Supreme Court case, play out.

Read the full story: bearingarms.com