Judge Tosses Justice Department Suit Over Montgomery County Gun Law, Says 1994 Police Misconduct Statute Doesn't Allow It

A federal judge in Maryland on Monday threw out the Justice Department's lawsuit against Montgomery County's gun restrictions near parks, churches, schools and other public places, ruling that the 1994 law the department sued under does not let it challenge a local gun law this way. The Digital Free Press read U.S. District Judge Theodore D. Chuang's 33-page memorandum opinion in United States v. Montgomery County, Maryland, No. 8:26-cv-03025.

Chuang granted the county's motion to dismiss and denied the department's request for a preliminary injunction. He did not decide whether the county law violates the Second Amendment. The opinion says the court "need not and will not address" the law's constitutionality.

What the County Gun Law Says

The county enacted Expedited Bill 23-26E on July 27, 2026. It bars possessing or transporting handguns, rifles, shotguns, ghost guns and ammunition "in or within 100 yards of a place of public assembly," which the county code defines to include parks, places of worship, schools, libraries, recreational facilities, government buildings, polling places and courthouses, along with their parking lots and grounds. The law has exceptions, including for police, licensed security guards, guns at home and permit holders carrying a handgun in a vehicle in line with state law.

According to the opinion, the bill narrowed earlier county rules after the Supreme Court of Maryland ruled in Engage Armament LLC v. Montgomery County that parts of the old law went beyond the county's authority. The new version dropped about five categories of places, including hospitals, child care facilities and protest gatherings.

The Justice Department sued on Aug. 3. Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division said in a release that day that the county "makes it almost impossible for a law-abiding citizen with a valid carry license to walk down the street and avoid these exclusion zones."

Why the Judge Said the Pattern-or-Practice Law Doesn't Apply

The department brought the case under 34 U.S.C. § 12601, which lets the attorney general sue over a "pattern or practice of conduct by law enforcement officers" that violates constitutional rights. Congress passed it after the Los Angeles police beating of Rodney King. The department argued that county officers have a duty to enforce the bill, so enforcing it would be such a pattern.

Chuang rejected that reading. He wrote that it "would effect a breathtakingly broad expansion of federal power," letting the federal government sue a local police agency "any time it believes that a state or local government has enacted a law that could violate an individual's constitutional rights." He gave examples on both sides: protest limits near abortion clinics or at transgender-rights rallies, and laws requiring or banning Ten Commandments displays.

He also wrote that neither the government nor the court found any example of the statute "properly used in the manner proposed by the Government," and that "Congress, not the Executive Branch, must decide on when such intrusions are warranted by the need to protect individual rights."

What Comes Next

The opinion cites a separate 2026 ruling that denied a temporary restraining order in a similar Justice Department suit against a California firearms law, which called the use of the statute "a novel approach." Bethesda Magazine reported that the dismissal is with prejudice and that other challenges to the county law, including one by a Silver Spring congregation, are still pending. County Executive Marc Elrich said in a statement, as quoted by Bethesda Magazine, that the decision is "an important affirmation of the County's responsibility to protect public safety." Whether the department will appeal is not stated in the court record.

Sources: Memorandum Opinion, United States v. Montgomery County, Maryland, No. 8:26-cv-03025-TDC (D. Md.), Dkt. 39, filed Nov. 9, 2026 (https://storage.courtlistener.com/recap/gov.uscourts.mdd.610102/gov.uscourts.mdd.610102.39.0_1.pdf); case docket (https://www.courtlistener.com/docket/73711844/united-states-v-montgomery-county-maryland/); U.S. Department of Justice press release, Aug. 3, 2026 (https://www.justice.gov/opa/pr/justice-department-sues-montgomery-county-md-violating-supreme-courts-wolford-decision); Bethesda Magazine, Nov. 9, 2026 (https://bethesdamagazine.com/2026/11/09/montgomery-county-prevails-doj-challenge-gun-law/). Cover photo: Montgomery County Circuit Court House, Rockville, Maryland, by Tony Webster, via Wikimedia Commons (CC BY 2.0).