Federal Judge Dismisses Justice Department Lawsuit Over Montgomery County Gun Law, With Prejudice
U.S. District Judge Theodore D. Chuang of the District of Maryland dismissed the U.S. Department of Justice's lawsuit challenging Montgomery County, Maryland's firearms restrictions in a 33-page memorandum opinion filed on November 9, 2026. Chuang granted the county's motion to dismiss with prejudice, meaning the same claim cannot be refiled, and denied the department's request for a preliminary injunction blocking enforcement of the law. The Justice Department can still appeal.
The county law at issue, Expedited Bill 23-26E, was approved by the County Council on July 21, 2026, and signed by County Executive Marc Elrich on July 27. It bars possessing or transporting handguns, rifles, shotguns, ghost guns and ammunition in or within 100 yards of a place of public assembly, a category that includes parks, places of worship, schools, libraries, recreational facilities, government buildings, polling places and courthouses, along with their parking lots and grounds. Exceptions include police, licensed security guards, guns at home, and permit holders carrying a handgun in a vehicle in line with state law.
The Justice Department sued the county, its police department and Sheriff Maxwell Uy on August 3, arguing that the law violates the Second Amendment and bringing the case under 34 U.S.C. Section 12601, a 1994 statute that lets the attorney general sue over a pattern or practice of conduct by law enforcement officers that violates constitutional rights. Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division said in an August 3 release that the county makes it almost impossible for a law-abiding citizen with a valid carry license to walk down the street and avoid the exclusion zones.
Chuang rejected that reading, writing that it would effect a breathtakingly broad expansion of federal power, letting the federal government sue a local police agency any time it believes a state or local law could violate an individual's constitutional rights. He also wrote that neither the government nor the court found any example of the statute properly used in the manner proposed by the government, and that Congress, not the Executive Branch, must decide when such intrusions are warranted.
The opinion did not decide whether the county law itself violates the Second Amendment, saying the court need not and will not address its constitutionality. Justice Department spokesperson Kiersten Pels told Maryland Matters on November 10 that the department was evaluating the ruling and its available next steps, and reaffirmed its commitment to protecting Second Amendment rights in Maryland. County Executive Marc Elrich said in a statement that the ruling affirms the county government's responsibility and authority to safeguard its community.
The county law still faces other court challenges, including a federal lawsuit filed by a Silver Spring Jewish congregation and a rabbi, which remains pending.
Source: U.S. District Court for the District of Maryland
Published by GSM · USA (original Chinese edition)
Photo: 图：位于华盛顿的美国司法部总部大楼。GSM 联邦固定图库图。 / Photo: U.S. Department of Justice headquarters in Washington. Via the GSM federal fixed image library.
