Judge Dismisses DOJ Suit Over Montgomery County Gun Law, Appeal Weighed

A federal judge in Maryland has tossed the DOJ's challenge to Montgomery County's gun restriction near public places, and the Justice Department now says it's weighing what comes next.

Snapshot

Judge Theodore Chuang ruled this week that the DOJ's suit against Montgomery County's emergency gun ordinance didn't establish the pattern of unconstitutional enforcement required under the statute the department cited. The ruling didn't touch whether the law itself violates the Second Amendment, and the county's restriction stays in effect while the DOJ decides whether to appeal.

Key points

• The law in question: Montgomery County's ordinance, passed in July as an emergency measure, bars firearms within 100 yards of places like government buildings, parks and schools, though it narrowed the list of covered locations to comply with a separate court ruling.
• Why it was dismissed: Chuang's 33-page opinion found the DOJ's complaint lacked any specific allegations of enforcement conduct by county police, which the 1994 Violent Crime Control and Law Enforcement Act requires to show a "pattern or practice" of rights violations.
• DOJ's response: Spokesperson Kiersten Pels said the department is "assessing the decision and next steps" and remains committed to Marylanders' Second Amendment rights.
• Bearing Arms' take: Writer Tom Knighton argues Chuang's reasoning is flawed, saying a law's mere existence already pressures law-abiding citizens not to carry, and predicts the DOJ will appeal in hopes of a friendlier judge.

Quick take

Knighton contends the 100-yard buffer is so broad it can blanket entire neighborhoods, making lawful carry effectively impossible in some areas, and calls that a clear clash with the spirit of Bruen even if a judge hasn't said so outright. Whether the DOJ pursues an appeal will determine if a higher court ever actually reaches that constitutional question.

Read the full story: bearingarms.com