The U.S. Department of Justice has filed a federal lawsuit against Montgomery County, Maryland, challenging Expedited Bill 23-26. The DOJ alleges that the law's 100-yard gun exclusion zones around public places and houses of worship violate the Second Amendment. According to the complaint, these restrictions cover over 26% of the county's land, making lawful carry practically impossible for licensed citizens. County officials defend the measure as a compliant update to state court rulings.
DOJ lawsuit against Montgomery County
- ▪The U.S. Department of Justice filed a federal lawsuit against Montgomery County, Maryland, on August 3, 2026, challenging the county's newly enacted firearms law, Expedited Bill 23-26.
- ▪The Justice Department's lawsuit alleges that Montgomery County's Expedited Bill 23-26 violates the Second Amendment by prohibiting law-abiding citizens from carrying firearms in public places.
- ▪The Justice Department filed a motion for a preliminary injunction to halt enforcement of Montgomery County's Expedited Bill 23-26 while the constitutional challenge proceeds.
Historical Second Amendment analysis
- ▪The Justice Department's complaint argues that founding-era governments did not broadly restrict firearms on public lands, urban green spaces, or libraries, making Montgomery County's bans historically unprecedented.
- ▪The Justice Department's complaint asserts that the United States has no historical tradition of banning firearms in places of worship.
Exclusion zones geographic scope
- ▪The Justice Department argues that the 100-yard exclusion zones around restricted locations make it practically impossible for licensed individuals to carry firearms during ordinary daily activities.
- ▪The Justice Department's complaint states that Montgomery County's restricted areas encompass at least 10,000 parcels comprising over 7,900 acres, representing 26 percent of the county's land area.
Buffer zone enforcement examples
- ▪The Justice Department's complaint asserts that a firearm owner living within 100 yards of a park becomes a criminal under Expedited Bill 23-26 if they step into their own backyard with a firearm.
- ▪The Justice Department's complaint argues that under Expedited Bill 23-26, a pastor walking from an adjacent parsonage to a church would be considered a criminal.
Supreme Court cert strategy
- ▪The Justice Department will have the opportunity to file an amicus brief urging the U.S. Supreme Court to grant certiorari in the Koons and Siegel litigation regarding New Jersey's gun-free zones.
- ▪The Justice Department's legal challenge to Montgomery County's gun-free zones increases the likelihood that the U.S. Supreme Court will grant certiorari to address sensitive places restrictions.
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