Judge Tosses DOJ Suit Over Montgomery County Gun Carry Law on Technicality
A federal judge has dismissed the Justice Department's challenge to Montgomery County, Maryland's restriction on carrying firearms near public locations, leaving the county's law in place while DOJ weighs its next move.
Snapshot
Judge Theodore Chuang of the U.S. District Court for Maryland ruled Monday that DOJ failed to show county police engaged in a "pattern or practice" of unconstitutional enforcement, as required under the statute it cited. The 33-page opinion did not address whether the underlying ordinance violates the Second Amendment, meaning the substantive constitutional question remains unresolved.
Key points
- The ruling's basis: Chuang found the DOJ's complaint was "devoid of any allegations of any actual conduct by law enforcement officers" tied to the new law, so it couldn't meet the pattern-or-practice standard under the 1994 Violent Crime Control and Law Enforcement Act.
- What the law does: Montgomery County's measure, passed as an emergency law in July, bars firearms within 100 yards of places like government buildings, parks and schools, while narrowing its scope to exclude hospitals and childcare facilities to comply with a separate ruling.
- DOJ's response: Spokesperson Kiersten Pels said the department is "assessing the decision and next steps" and remains committed to Second Amendment protections in Maryland.
- What's unresolved: Chuang's decision addressed procedure, not merits, so whether the ordinance itself survives Second Amendment scrutiny is still an open question.
Quick take
Bearing Arms' Tom Knighton argues Chuang's reasoning missed the point, contending that a law's mere existence functions as enforcement against law-abiding carriers regardless of documented incidents. He predicts DOJ will appeal, suggesting the 100-yard buffer creates overlapping no-carry zones in some neighborhoods that conflict with the spirit of Bruen even if a court finds no technical violation.
Read the full story: bearingarms.com