Montgomery County police will not issue criminal citations for violations of a new firearms law barring the carrying of guns in or within 100 yards of houses of worship while litigation challenging the measure is pending, the county told a federal court Tuesday.
The county’s filing came in a lawsuit brought by the Silver Spring Jewish Center and congregants who argue that the law, signed by County Executive Marc Elrich on July 27, prevents volunteers from carrying firearms to protect their synagogue. Synagogue security volunteers previously told JNS that they continued carrying guns despite the ban.
“The county passed a law their own prosecutor thinks is probably unconstitutional and certainly dangerous,” Rabbi Menashe Shapiro, a plaintiff in the case, told JNS. “Although they have, for now, instructed the police not to criminally enforce the ban, they reserve the right to pursue lawful gun owners for civil violations. We hope the court will intervene soon to provide full relief from any prosecution.”
The Montgomery County State’s Attorney’s Office has agreed to defer criminal prosecutions, and county police “will not issue criminal citations” under the disputed provisions “until full and final resolution of this matter,” according to the filing. The commitment applies to anyone, whether or not they are a plaintiff in the lawsuit.
The county stopped short of promising that it would issue no civil citations. It told the court that such enforcement is unlikely and that the “only conceivable form of enforcement” in the interim would be “a civil citation and monetary fine.” The maximum fine is $500.
The county also argued that similar firearms restrictions are already in place in several other Maryland jurisdictions. The Silver Spring Jewish Center disputed that claim in a response Tuesday, arguing that Prince George’s County restricts loaded firearms, Charles County’s cited provision applies only to air guns, and Gaithersburg and Takoma Park exempt licensed permit holders.
The law, Expedited Bill 23-26, took effect after Elrich signed it on July 27. It bars carrying firearms in or within 100 yards of designated “places of public assembly,” including houses of worship, schools, parks, libraries and polling places.
