MoCo Gun Safety Law Survives Justice Dept. Challenge

MONTGOMERY COUNTY, MD — A lawsuit filed against Montgomery County's gun safety legislation was dismissed Monday without prejudice, bringing a legal challenge by the U.S. Department of Justice to a close.

The dismissal came three months after the Justice Department filed its lawsuit in August.

The lawsuit centered around Bill 23-26, legislation passed in the county that prohibits guns within 100 yards of schools, parks, libraries, polling places and houses of worship, among other places.

At the time, the Justice Department argued the measure was unconstitutional and violated the Supreme Court's Wolford v. Lopez decision that blocks permit-carrying gun owners from certain areas.

Related: Justice Dept. Sues Montgomery County Over New Gun Safety Law

Outgoing County Executive Marc Elrich championed the decision by U.S. District Judge Theodore Chuang, noting the move marked "an important affirmation of the County’s responsibility to protect public safety, uphold the law, and exercise its authority to safeguard the communities we serve."

"The County has consistently maintained that its actions were grounded in the law and informed by our obligation to protect residents. We should not have to choose between respecting constitutional rights and pursuing thoughtful, lawful measures to prevent gun violence," Elrich said in a statement.

"I am pleased that this legal challenge has been resolved in the County’s favor. 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."

Bill 23-26 pass in July with a 10 to 1 vote. At-large Councilmember Laurie-Anne Sayles was the sole member of the 11-member body to vote against the bill.

In a statement to Bethesda Today, a spokesperson for the Justice Department told the outlet that the agency was "assessing the decision" and considering next steps.