Federal Judge Dismisses DOJ Challenge to Montgomery County Gun Law

A federal judge dismissed the Justice Department’s attempt to block a Montgomery County law restricting firearms in public places this week, Maryland Matters reported.

U.S. District Judge Theodore Chuang issued a 33-page opinion on Monday, finding that the federal government likely could not prevail in its challenge of the local ordinance. The law, which was passed as an emergency measure on July 27, prohibits firearms within 100 yards of public locations, including parks, schools, and government buildings.

While the administration argued the restriction was unconstitutional, Chuang focused his ruling on the legal mechanism the government used to bring the suit. The Department of Justice had filed the action on August 3 under the Violent Crime Control and Law Enforcement Act of 1994, a statute originally passed following the 1991 police beating of Rodney King.

“The federal government should not have unfettered authority to intrude on the actions of state and local governments,” Chuang wrote.

The limits of federal oversight

The Justice Department’s legal strategy relied on the authority of the attorney general to sue local agencies to stop a “pattern or practice” of conduct that deprives citizens of their constitutional rights. However, Chuang found the government’s complaint lacked the necessary foundation for such a massive intervention.

Department of justice pc bo shengetty — Photo: bethesdamagazine.com

The judge said that the suit was “devoid of any allegations of any actual conduct by law enforcement officers relating in any way” to the new law. There was no evidence presented that county police had engaged in misconduct or improper enforcement regarding the ordinance or its predecessors, Bethesda Magazine reported.

Chuang expressed concern that allowing this specific type of challenge would set a dangerous precedent. He argued that Congress, rather than the Executive Branch, must decide when federal intrusion into local governance is warranted to protect individual rights. He suggested that a ruling in favor of the government could effectively allow the federal government to sue “any local government for almost any law,” Bethesda Magazine reported.

Because Chuang dismissed the case with prejudice, the Justice Department is barred from refiling this specific lawsuit, though they may still choose to appeal the decision. A spokesperson for the department, Kiersten Pels, told Maryland Matters and Bethesda Magazine that the agency is “assessing the decision and next steps, but remains committed to protecting the Second Amendment rights of law abiding citizens in Maryland.”

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Local safety versus constitutional rights

The ruling provides a victory for Montgomery County officials who view the law as a necessary tool for community protection. The ordinance was designed to narrow previous restrictions to comply with earlier court rulings, specifically removing certain facilities like hospitals and childcare centers from the prohibited zones.

“I am pleased that this legal challenge has been resolved in the County’s favor,” said County Executive Marc Elrich.

“We will continue to stand by our responsibility to keep Montgomery County safe and to ensure that our public spaces remain places where residents can gather with confidence,” Elrich added.

The debate over “sensitive places” where firearms may be restricted has been a recurring theme in Maryland’s legal landscape. This case follows a complex history of litigation involving the state’s Gun Safety Act of 2023. While a federal appeals court upheld most of that state law in January, the legal battle over exactly which public spaces qualify as “sensitive” continues in different forms.

The legal tension is not limited to the federal government’s challenge. The county still faces ongoing litigation from other parties. For instance, Bethesda Magazine reported that a separate challenge brought by the Silver Spring Jewish Center and a local rabbi is still moving through the courts.

In that instance, a different judge, Senior U.S. District Judge Deborah K. Chasanow, granted a preliminary injunction that limits enforcement as it applies to the synagogue itself.

The following table summarizes the status of the primary legal challenges involving the Montgomery County ordinance as of November 10, 2026:

Plaintiff/Party	Legal Basis	Current Status
U.S. Department of Justice	Violent Crime Control Act (Pattern or Practice)	Dismissed with prejudice by Judge Chuang
Silver Spring Jewish Center	Constitutional challenge regarding houses of worship	Ongoing; preliminary injunction granted for synagogue
Maryland Shall Issue/Gun Rights Groups	Facial constitutional challenge	Previous challenge declined; appeals pending

For residents, the immediate impact involves varying enforcement and pending judicial clarity. While the DOJ’s attempt to block the law has been halted, the underlying question of whether these 100-yard buffer zones violate the Second Amendment remains a subject of active litigation in other venues.

The Justice Department is currently assessing its next steps regarding the decision.

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