Montgomery County pares back gun restrictions after court challenge

To comply with a court ruling, the Montgomery County Council voted 10-1 Tuesday to pare back some of its restrictions on guns.

Among other changes, it shortened the list of places near which a person can carry guns and removed a restriction on purchasing and selling ghost guns in the presence of a minor.

These changes do not significantly affect the county’s gun restrictions, but rather tweak them to comply with the state’s existing laws.

The vote follows an April opinion in which the Maryland Supreme Court confirmed the county’s right to regulate firearms, but also found that some of its regulations either exceeded its authority or were preempted by state regulations.

The opinion was the result of a 2021 court case, Engage Armament LLC, et al. v. Montgomery County, Maryland, in which a Rockville-based gun store and supporting plaintiffs sued the county over gun laws they argued were overly restrictive.

In legislation passed Tuesday the county:

• Banned all firearms within 100 yards of most public spaces — including schools, houses of worship, courthouses, libraries and parks — but removed a ban on them in the vicinity of hospitals, child care centers and long-term care centers. This change was made because the state has its own law that bans firearms within those establishments
• Created an exemption on the above ban for people who are traveling through the county and could be driving on a public highway with a gun or are driving on a road within 100 yards of a public space.
• Bans gifting, selling, renting or lending guns, ammunition and gun parts to minors, but removes a provision that prohibited these activities pertaining to ghost guns in the presence of minors.

District 7 Council member Dawn Luedtke, who sponsored the legislation, said the it brings county gun laws into alignment with the court’s opinion. She said the point of the changes was not to be less restrictive, but to conform to state authority.

“It does not add new laws, does not add new requirements in any way, shape, or form, and the only things that were removed are the things that were found to be in excess of the county’s authority, or otherwise preempted by state law,” Luedtke said.

Engage Armament was represented by attorneys from Maryland Shall Issue, a nonprofit lobbying organization that advocates for gun rights in the state.

Mark Pennak, president of Maryland Shall Issue, told The Banner in an email on Tuesday that “the County’s attempt to limit the rights of persons who have carry permits issued by the Maryland State Police is a gross violation of the Second Amendment to the U.S. Constitution.”

At large Council member Laurie-Anne Sayles, the sole vote against the legislation, worried that the law would lead to “stop and frisk” actions by law enforcement if they suspected someone was carrying a concealed firearm.

“I’m just concerned that this may lead to greater surveillance of everyday citizens,” Sayles said.

Luedtke argued that in most cases in which firearms are prohibited in places of public assembly, an individual is given the chance to bring their concealed firearm back to their vehicle or secure it elsewhere as long as they have a permit for the gun.

“We need to make sure we are making safe spaces for public assembly for all of our community members, and so there is a balance to be struck there,” Luedtke said.