Montgomery Firearms Ban in Public Places Clears First Legal Hurdle

Montgomery effort to uphold local law banning firearms in public spaces clears another legal hurdle, but an appeal is already filed in the 4th Circuit Court. 

In a press release, Montgomery County shared a recent victory in U.S. District Court concerning a recent firearms bill. Montgomery County Bill 21-22 was sponsored by County Councilmember Gabe Albornoz, passed by the County Council, and signed into law by County Executive Marc Elrich. The law restricted firearms in public spaces.

The goal of the legislation specifically was to restrict firearms from colleges and universities, libraries, parks, hospitals, community health centers, long-term care facilities, nursing homes, group homes, and care homes. This measure was unanimously supported by the council; however, the enactment of this law sparked a lawsuit against Montgomery, claiming it is in violation of the precedent set by the Supreme Court decision last year in New York State Rifle & Pistol Association Inc. v. Bruen.

The justices held in Bruen that any gun restriction, to be constitutional, must be analogous to a regulation in effect when the Second Amendment was adopted in 1791 or when the 14th Amendment extended the right to keep and bear arms to the states in 1868. County Executive Elrich shared in the press release:

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.

While the U.S. District Court in Montgomery County held that the law is constitutional, the press release shared that this decision has already been appealed to the 4th Circuit Court of Appeals – amidst a broad wave of legal challenges to state and local firearm restrictions filed since the Bruen decision.

Read the full decision online at the Justia website.