Judge Tosses DOJ Suit Over Montgomery County Gun-Free Zones

A federal judge has dismissed the Justice Department's challenge to Montgomery County, Maryland's gun-free-zone law, and DOJ is now weighing whether to appeal.

Snapshot

Judge Theodore Chuang of the U.S. District Court for Maryland tossed the DOJ's suit against a county ordinance barring firearms within 100 yards of places like parks, government buildings and schools. Chuang found the DOJ hadn't shown an actual pattern of unconstitutional enforcement, as reported by Bearing Arms. The ruling doesn't address whether the law itself violates the Second Amendment.

Key points

• The law: Montgomery County passed the restriction as an emergency measure in July, banning guns within 100 yards of public locations, though it narrowed some categories like hospitals and childcare facilities to comply with another court ruling.
• The legal basis: DOJ sued under the Violent Crime Control and Law Enforcement Act of 1994, a Rodney King-era statute letting the AG sue over a "pattern or practice" of rights violations by law enforcement.
• Why it was dismissed: Chuang ruled the complaint lacked any allegations of actual enforcement conduct by county police tied to the new law, not a Second Amendment ruling on the merits.
• What's next: DOJ spokesperson Kiersten Pels said the department is "assessing the decision and next steps" while remaining committed to Second Amendment protections in Maryland.

Quick take

Bearing Arms writer Tom Knighton argues Chuang's reasoning is weak, since a 100-yard buffer around common public spaces can make lawful carry nearly impossible in some neighborhoods regardless of whether police have cited anyone yet. He expects DOJ to appeal and suggests the case may need a friendlier court to get a real look at whether the ordinance conflicts with Bruen.

Read the full story: bearingarms.com