Federal Judge Throws Out DOJ Lawsuit Against Montgomery County’s Ban on Guns Within 100 Yards of Parks, Schools, and Places of Worship
Key Takeaways
- U.S. District Judge Theodore Chuang dismissed the Justice Department's lawsuit against Montgomery County's gun restriction law on November 9.
- Montgomery County's Expedited Bill 23-26 bans guns in and within 100 yards of parks, schools, places of worship, and other public assembly locations.
- Chuang dismissed the case with prejudice, meaning the DOJ cannot refile the same claim in the same court.
- A separate lawsuit against the ordinance filed by Rabbi Menashe Shapiro is still pending before a different judge.
- Montgomery County Executive Marc Elrich and Councilmember Dawn Luedtke, the bill's lead sponsor, both welcomed the ruling.
Estimated reading time: 3 minutes
MONTGOMERY COUNTY, MD — U.S. District Judge Theodore Chuang on Monday, Nov. 9, dismissed the Justice Department’s lawsuit aimed at blocking a Montgomery County, Maryland, law that bans guns in and within 100 yards of places like parks, schools, and places of worship.
The ordinance, Expedited Bill 23-26, prohibits guns in and within 100 yards of what the county calls a “place of public assembly,” as reported by WJLA. The Justice Department filed suit in August, claiming the law violates the Second Amendment. Chuang granted the county’s motion to dismiss with prejudice and denied DOJ’s request to temporarily block enforcement while the case played out, according to Bethesda Magazine.
“With prejudice” means the case is closed for good at this level. DOJ cannot simply refile the same claim in the same court. The court’s opinion was not available for this article, so this account rests on news reports and on a statement from Montgomery County, which is a party to the case. What the ruling turned on, and whether Chuang said anything about the Second Amendment itself, is something only the opinion can answer.
The list of covered places is long. Per WJLA, it includes:
- parks
- places of worship
- schools
- libraries
- recreational facilities
- hospitals
- community health centers
- long-term care facilities
- multipurpose exhibition facilities such as fairgrounds and conference centers
- childcare facilities
- government buildings
- polling places
- courthouses
- legislative assemblies
The law carves out limited exemptions, such as for law enforcement.
Parks alone cover a lot of ground in a suburban county. A 100-yard buffer is not a line painted on the sidewalk. For anyone carrying in Montgomery County, staying legal means knowing what sits within a football field of where you are standing. Planning routes around that is part of a serious carry mindset, whether you agree with the law or not.
Montgomery County Executive Marc Elrich welcomed the ruling. He called it “an important affirmation of the County’s responsibility to protect public safety, uphold the law, and exercise its authority to safeguard the communities we serve.” He also said, “We should not have to choose between respecting constitutional rights and pursuing thoughtful, lawful measures to prevent gun violence.” That is the county’s characterization of its own win. A dismissal is not automatically a finding that a law is constitutional, and Elrich’s statement does not claim the court reached that question.
Councilmember Dawn Luedtke, the bill’s lead sponsor, told WJLA she was “very pleased” with the ruling. She said the goal is to avoid “someone feeling threatened or intimidated by someone who is concealed carrying a weapon.” The people she is describing are carrying under Maryland’s permit system, which I break down in my guide to Maryland concealed carry laws. The county ordinance stacks a local 100-yard buffer on top of it.
More from USA Carry:
- Federal Judge Lets Orthodox Synagogue Members in Silver Spring Carry Inside, but Not on the Shabbat Walk to Get There
- Federal Court Clears the NRA to Join the Fight Against New Jersey’s One-Gun-a-Month Law
- New Mexico Argued a Federal Judge Did Not Have to Follow the Appeals Court. He Blocked the State’s Gun Waiting Period Anyway
- Louisiana State Police Tried to Pull the Justice Department Into a Concealed Carry Lawsuit. The Judge Said No, and the Case Stays Pointed at the State.
- Gun Rights Groups Sue New Jersey Over Silencer Ban: Say It’s Unconstitutional
This is not the only challenge to the ordinance. WJLA reported that Rabbi Menashe Shapiro’s separate lawsuit against the county is still pending before a different judge. The Justice Department can also appeal Monday’s dismissal to a higher court.
I will continue tracking whether the Justice Department appeals and how the Shapiro case moves forward against Expedited Bill 23-26.
Read the original story: Federal Judge Throws Out DOJ Lawsuit Against Montgomery County’s Ban on Guns Within 100 Yards of Parks, Schools, and Places of Worship