Justice Department sues Montgomery County over new gun restrictions
MARYLAND - The Justice Department is suing Montgomery County over a newly enacted law that federal officials allege makes it nearly impossible for licensed gun owners to legally carry firearms while going about their daily lives.
What the lawsuit alleges
The federal lawsuit challenges Montgomery County Bill 23-26, which restricts carrying firearms at thousands of locations and establishes 100-yard exclusion zones around those places, according to the Justice Department.
The department alleges the restrictions apply even when a person has a valid carry permit and the property owner has expressly allowed the firearm.
The claims are allegations contained in a lawsuit. Montgomery County will have an opportunity to respond in court.
What Montgomery County’s law does
Bill 23-26 addresses firearm possession near what the county defines as places of public assembly.
The legislation includes an exemption allowing a person with a state handgun permit to travel on public highways that fall within 100 yards of one of those locations.
The Justice Department argues the law remains so broad that a licensed person could not realistically move through the county without entering one of the restricted zones. Montgomery County, however, says Bill 23-26 was revised to comply with an April Maryland Supreme Court ruling while preserving the strongest firearm restrictions still allowed under state law.
Why Montgomery County changed the law
Montgomery County says Bill 23-26 was enacted to bring its firearm restrictions into compliance with an April ruling from the Maryland Supreme Court while keeping the strongest local protections still permitted under state law.
The County Council approved the legislation July 21, and County Executive Marc Elrich later signed it into law alongside Councilmember Dawn Luedtke, the bill’s lead sponsor.
The revised law removes several locations from the county’s definition of a place of public assembly after the state court found they were not covered by the county’s authority. The remaining locations include parks, schools, libraries, places of worship, recreational facilities, polling places, courthouses and legislative assemblies.
It also creates an exception for people with state handgun permits while they travel on public highways within 100 yards of a place of public assembly.
What the Justice Department said
"The Second Amendment does not allow local governments to ban law-abiding citizens from carrying firearms in public places as they go about their daily lives," Assistant Attorney General Harmeet K. Dhillon said.
Dhillon said the county’s exclusion zones make it almost impossible for someone with a valid carry license to walk down the street without entering a restricted area.
Supreme Court ruling cited in lawsuit
The Justice Department argues the county law conflicts with the Supreme Court’s June ruling in Wolford v. Lopez.
That case involved a Hawaii law that generally prohibited licensed gun owners from carrying firearms on private property open to the public unless the owner gave express permission. The Supreme Court reversed the lower-court ruling and sent the case back for further proceedings.
The Justice Department cited language from the ruling stating that firearm restrictions cannot effectively prevent licensed citizens from carrying weapons in places they routinely visit during daily life.
What's next:
The lawsuit asks a federal court to find that Montgomery County’s restrictions violate the Second Amendment.
The Justice Department’s Civil Rights Division is handling the case. The department has created a section focused on investigating and litigating alleged infringements of firearm rights.
The Source: This article was written using information from the U.S. Department of Justice, Montgomery County legislation and the U.S. Supreme Court.