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Justice Dept. Sues Montgomery County Over New Gun Safety Law

The Justice Department blasted the county legislation for making it "practically impossible" for residents to "lawfully" carry a firearm.

MONTGOMERY COUNTY, MD — The Department of Justice filed a lawsuit on Monday against Montgomery County for its new gun safety legislation, stating the measure is unconstitutional.

Officials argue the new passage violated the Supreme Court's Wolford v. Lopez decision that states laws barring permit-carrying gun owners from specific areas.

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"Montgomery 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," Harmeet Dhillon, the assistant attorney general under the department's Civil Rights Division, said in a statement.

"The Civil Rights Division will not stand idle while Montgomery County tramples the rights guaranteed to law-abiding citizens by the Second Amendment."

At the center of the suit is Bill 23-26, which prohibits guns within 100 yards of schools, parks, libraries, polling places and houses of worship, among other public places.

The measure, signed by Montgomery County Executive Marc Elrich on July 27, also approved a limited exemption for concealed-carrying permit holders traveling through restricted areas.

At the time, bill co-sponsor Councilmember Dawn Luedtke deemed the legislation a "commonsense" initiative to reduce gun violence in the county.

Lawmakers have said the passage does not mean new gun restrictions, and that it instead "corrects" existing county measures.

In response to the lawsuit, county lawmakers have said they are reviewing the Justice Department's legal challenge. The measure had been unanimously approved by the Montgomery County Council.

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