Judge Dismisses DOJ Challenge to Montgomery County Gun Law

U.S. District Judge Theodore Chuang dismissed the Justice Department’s lawsuit against Montgomery County and rejected its request to block enforcement of the ordinance while the case proceeded. The ruling said the federal government had not shown it had standing to bring the challenge, rather than deciding whether the law complies with the Second Amendment.

Judge Rejects DOJ Bid to Override Montgomery County Gun Restrictions

Montgomery County prevailed in the Justice Department’s attempt to halt a local gun law. U.S. District Judge Theodore Chuang dismissed the case, finding the department had not established standing to sue, and denied its request for an order blocking the law.

The ordinance prohibits carrying guns inside a 100-yard radius of designated sites, among them religious buildings. The Justice Department argued that the restrictions violate worshipers’ Second Amendment rights, but the judge’s decision did not resolve that constitutional question.

The ruling reinforces the limits on federal efforts to displace local government action. The Justice Department filed suit on August 3, after County Executive Marc Elrich signed the measure on July 27. A separate case brought on behalf of a synagogue had already led another federal judge to block enforcement in September.

Standing Ruling Lets County Gun Ban Escape Second Amendment Review

A federal judge dismissed the Justice Department’s case against Montgomery County without deciding whether the county’s gun restrictions violate the Second Amendment. Judge Theodore Chuang said the department had not established standing, denying its bid to block the law and ending the lawsuit in its current form.

The county ordinance prohibits carrying firearms within 100 yards of designated locations, including houses of worship. The Justice Department argued the restrictions prevent congregants from defending themselves. Its challenge, filed on August 3, followed a July 27 signing by County Executive Marc Elrich.

The ruling leaves the constitutional dispute unresolved. In September, a different federal judge blocked enforcement in a separate lawsuit brought on behalf of a synagogue. The Justice Department’s challenge had sought to contest the county’s restrictions after a state court ruling in April struck down some earlier county measures.