The U.S. Department of Justice filed a lawsuit Monday challenging a Montgomery County, Maryland, ordinance that restricts where people may carry firearms, including individuals with valid carry licenses.
The complaint alleges that Bill 23-26 violates the Second Amendment by prohibiting firearms at thousands of locations throughout the county and establishing 100-yard exclusion zones around those locations. According to the Justice Department, the restrictions apply even when a licensed individual has permission from a private property owner to carry a firearm.
“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 of the department’s Civil Rights Division said in a statement.
The department argues that the number and size of the exclusion zones make it practically impossible for licensed firearm owners to move throughout Montgomery County without entering an area where carrying is prohibited.
Federal officials contend the ordinance conflicts with the U.S. Supreme Court’s decision in Wolford v. Lopez. In that case, the court addressed restrictions covering locations people commonly visit and concluded that governments cannot effectively prevent Americans from carrying firearms for self-defense throughout their daily routines.
The lawsuit asks the court to find Montgomery County’s restrictions unconstitutional. The Justice Department’s announcement did not include a response from county officials.
The case is being pursued by the Civil Rights Division’s Second Amendment Section, which was established to investigate and challenge alleged infringements of firearm rights by state and local governments.
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