Judge Dismisses DOJ Suit Over Montgomery County Gun Law on Standing

A federal judge has tossed the Justice Department's challenge to Montgomery County, Maryland's 100-yard gun-carry restriction, but the ruling turned on legal technicalities rather than the Second Amendment question itself.

Snapshot

Judge Theodore Chuang of the U.S. District Court for Maryland ruled Monday that the DOJ's suit failed because it didn't show a documented "pattern or practice" of enforcement by county police under the statute cited. The ordinance, passed as an emergency measure in July, bars firearms within 100 yards of places like schools, parks and government buildings, and it remains in effect while the DOJ weighs an appeal.

Key points

• The law stands: Montgomery County's 100-yard carry restriction is still enforceable, and the ruling didn't address whether it violates the Second Amendment.
• Standing, not merits: Chuang found the DOJ's complaint "devoid of any allegations of any actual conduct by law enforcement officers" tied to the new law, which doomed the suit under the 1994 Violent Crime Control Act.
• DOJ keeping options open: Spokesperson Kiersten Pels said the department is "assessing the decision and next steps" and remains committed to protecting Second Amendment rights in Maryland.
• Some narrowing already happened: The county had already trimmed the law's reach, removing hospitals and childcare facilities, to comply with a separate court ruling.
• Bearing Arms' take: Writer Tom Knighton argues the ruling dodges the real issue, calling the law's mere existence a burden on law-abiding carriers and predicting the DOJ will appeal and look for a friendlier judge.

Quick take

This is a procedural setback, not a win for Montgomery County on the merits. The 100-yard buffer can swallow whole neighborhoods, and until a court actually rules on the Second Amendment question, carriers in the county should assume the restriction is live and plan routes accordingly.

Read the full story: bearingarms.com