Montgomery County Law Banning Firearms from Public Spaces Holds Off Injunction Attempt

For Immediate Release: Tuesday, July 11, 2023

Last week in U.S. District Court Montgomery County won an important decision that prohibits carrying firearms within 100 yards of places of public assembly, including a park, church, school, and public buildings. This victory is the first step in what could be a lengthy challenge to the County’s law protecting colleges and universities, private libraries, private parks, hospitals, community health centers, long-term care facilities, nursing homes, group homes and care homes from gun-carrying private citizens.

“It was a good day for public safety in Montgomery County,” said County Executive Marc Elrich. “I am very pleased that the federal court denied the plaintiffs’ Motion for a Temporary Restraining Order and Preliminary Injunction, which attempted to put an immediate halt to the County’s enforcement of its firearms law. Last year, the Supreme Court ruled that the government can only impose firearms regulations if they are analogous to firearms regulations that existed in the 18th and 19th centuries, even when seeking to regulate modern firearms that did not exist at that time. The County was able to demonstrate that its firearms law is consistent with the Nation’s historical tradition of firearms regulations. And the Court agreed.”

County Executive Marc Elrich supported and signed into law Bill 21-22 that was sponsored by County Councilmember Gabe Albornoz and passed by the County Council that restricted firearms in public spaces.

“The increase in illegal guns and gun violence motivated me to sponsor Bill 21-22, which was unanimously supported by my Council colleagues,” said former Council President Gabe Albornoz. “We must take aggressive action to protect our children, our seniors and our families against the gun violence which is now pervasive in almost every public space. The ruling by the U.S. District Court is an important step in the fight to protect the safety of all our Montgomery County residents.”

Last week’s court decision sets a strong precedent that the actions Montgomery County took to protect its residents was not only prudent, but lawful.  

The decision has been appealed to the 4th Circuit Court of Appeals.

 

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Release ID: 23-303
Media Contact: Scott Peterson 240-255-9462
Categories: Executive Office, Public Safety