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A Maryland synagogue challenging Montgomery County’s sweeping gun-free-zone law says the county failed to defend one of its most aggressive provisions: the 100-yard exclusion zone surrounding houses of worship and other public gathering places.
The New Civil Liberties Alliance filed a reply brief Monday in Silver Spring Jewish Center v. Montgomery County. The filing supports the plaintiffs’ request for a temporary restraining order or preliminary injunction blocking enforcement of the law while the case proceeds.
At issue is Expedited Bill 23-26. The ordinance generally prohibits possessing or transporting firearms or ammunition in or within 100 yards of a “place of public assembly.”
That definition includes places of worship, schools, parks, libraries, recreational facilities, polling places, courthouses and several other locations.
The law contains exceptions for police officers, licensed security guards and limited forms of transportation. However, a Maryland wear-and-carry permit does not allow an ordinary permit holder to carry inside a synagogue or throughout the surrounding 100-yard zone.
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The Silver Spring Jewish Center and Rabbi J. Menashe Shapiro argue that the restriction prevents trained members of the congregation from providing armed volunteer security. They say protecting the congregation is both a practical necessity and part of their religious responsibility to protect one another.
Montgomery County has argued that the synagogue can hire licensed security guards. NCLA says that response misses the point.
According to the reply, the First Amendment does not permit county officials to decide that hired security is interchangeable with protection provided by members of the religious community. NCLA argues that the synagogue’s decision about how to protect its congregation is an internal religious matter protected by the Free Exercise and Establishment Clauses.
The brief also attacks the ordinance under the Second Amendment.
Under the framework established by the Supreme Court in New York State Rifle & Pistol Association v. Bruen, the government carries the burden of showing that a modern gun restriction is consistent with the nation’s historical tradition of firearm regulation.
Montgomery County cited several laws restricting firearms at churches and public gatherings. Most came from Georgia, Missouri, Virginia and Western territories during the late 1800s.
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NCLA argues those examples arrived too late, were geographic outliers or were part of broader handgun restrictions that do not represent a widespread American tradition.
More importantly, the reply says the county offered no historical justification for extending its prohibition 100 yards beyond every covered property.
“Defendants have not offered any Second Amendment justification for that rule,” NCLA attorneys wrote. They contend that the lack of a defense makes the plaintiffs “highly likely” to prevail on that part of their claim.
The reply also rejects the county’s suggestion that the plaintiffs waited too long to challenge the restrictions. NCLA says licensed carriers were exempt under an earlier version of the county ordinance and that the challenged restrictions had been blocked by a previous injunction before the latest law became enforceable.
The Silver Spring Jewish Center filed its lawsuit shortly after the new ordinance took effect.
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NCLA also pointed to increased threats against Jewish institutions following the October 7, 2023, terrorist attacks in Israel. The synagogue says those threats led it to organize and train its volunteer security team.
“Montgomery County cannot defend this indefensible law,” NCLA Senior Litigation Counsel Jacob Huebert said. “It can’t justify prohibiting Orthodox Jews from fulfilling their religious obligation to defend themselves and each other. And it can’t identify any historical tradition of restricting firearms in places of worship because none exists.”
Montgomery County State’s Attorney John McCarthy has reportedly agreed not to pursue criminal prosecutions under the ordinance until the constitutional challenge is resolved. NCLA subsequently dismissed him as a defendant.
That agreement does not end the dispute. The county may still seek civil penalties, and the ordinance remains on the books.
District Judge Deborah K. Chasanow is scheduled to hear arguments on the injunction request Sept. 3 at 9:30 a.m. in federal court in Greenbelt, Maryland.
The judge will not decide the entire case at that hearing. She will determine whether the plaintiffs have made a strong enough showing to block enforcement while the broader constitutional fight continues.
More case documents are available through NCLA’s case page. As always, stay tuned for updates.
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is a seasoned outdoorsman, lifelong hunter, and the kind of guy who’d rather track whitetails than scroll social media. As an editor for GunsAmerica, he’s got a sharp eye for spotting both solid gear and bad gun laws. Whether he’s deep in the woods or deep in editorial deadlines, Larry brings a no-nonsense, tell-it-like-it-is approach to firearms, hunting, and the great American tradition of self-reliance. If there’s a hot debate on gun rights or the latest in hunting tech, you can bet Larry’s got an opinion—and it’s probably backed up with both facts and field experience.
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