DOJ Sues Montgomery County, MD for Violating SCOTUS Gun Decision

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Today, the Justice Department filed suit against Montgomery County, Maryland (County). The complaint alleges that the County’s newly enacted Bill 23-26 violates the Second Amendment by prohibiting law-abiding citizens from possessing firearms in daily life. Bill 23-26 prohibits carrying firearms at thousands of locations, and also creates an arbitrary 100-yard exclusion zone around each location. The law applies even if the person carrying a firearm is duly licensed and has the express consent of the property owner.

“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,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “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. The Civil Rights Division will not stand idle while Montgomery County tramples the rights guaranteed to law-abiding citizens by the Second Amendment.”

The breadth of Bill 23-26’s prohibition, including the 100-yard exclusion zone, makes it practically impossible for individuals in the County to go about their daily business while lawfully carrying a firearm. Therefore, the ordinance violates the Supreme Court’s recent decision in Wolford v. Lopez, where the Court held a law that bans citizens from carrying firearms into, “places that people routinely visit in the course of their daily routines . . . hobbles what the Second Amendment protects: the right of Americans to carry arms for self-defense as they go about their daily lives.”

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