A Maryland county's gun-free zones near houses of worship face a partial court block.
Silver Spring Jewish Center Inc, et al. v. Montgomery County Maryland Et
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A Maryland county's gun-free zones near houses of worship face a partial court block.
Why it matters
In Silver Spring Jewish Center, Inc. et al. v. Montgomery County, Maryland et al., a federal district court in Maryland considered a motion for a temporary restraining order and preliminary injunction brought by a Jewish congregation and its rabbi challenging Montgomery County's law that prohibits firearms within 100 yards of places of public assembly, including places of worship. The court granted the motion for a preliminary injunction in part. The opinion sets out the challenged county code provisions in detail but does not yet fully explain the reasoning behind which parts were granted or denied, as the excerpt provided covers primarily the background and the text of the challenged laws.
Who it affects
- As well as religious institutions
- Its law enforcement are also affected
What happens next
Current
Decision issued Sep 10, 2026
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Possible rehearing
Parties can ask the same court to reconsider. Then: possible appeal to the circuit court.
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- Decision issued Sep 10, 2026
- Possible rehearingParties can ask the same court to reconsider.
- Possible appeal to the circuit court
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Decision issued
Sep 10, 2026
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Long-form analysis, legal background, and source material
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DEEPER READ
The plaintiffs, Silver Spring Jewish Center, Inc. and Rabbi J. Menashe Shapiro, filed suit against Montgomery County, Maryland, its County Executive, and its Chief of Police, challenging provisions of the county's weapons law. The central dispute involves Montgomery County Code Section 57-11, which bans the sale, transfer, possession, or transport of firearms, ammunition, or major firearm components in or within 100 yards of a 'place of public assembly.' Under the county's definition, a place of public assembly includes places of worship, parks, schools, libraries, recreational facilities, multipurpose exhibition facilities, government buildings open to the public, polling places, courthouses, and legislative assemblies, along with all associated property such as parking lots. The plaintiffs' challenge was focused in part on recent amendments enacted in what the county called Expedited Bill No. 23-26, though the court noted the broader underlying county regulation of firearm possession by persons holding a state permit to carry a handgun was also at issue. A hearing was held on September 3, 2026, coordinated with a related case raising similar challenges to the same county code provisions. The court granted the preliminary injunction in part, meaning at least some of the challenged restrictions were temporarily blocked while the case proceeds, but the source text does not detail precisely which provisions were enjoined or the full reasoning. No dissent is described in the available text.
CITATION AND RECORD
Record source: CourtListener
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : SILVER SPRING JEWISH CENTER, INC. et al. : v. : Civil Action No. DKC 26-2963 : MONTGOMERY COUNTY, MARYLAND, et al. : MEMORANDUM OPINION Plaintiffs Silver Spring Jewish Center, Inc. (“SSJC”) and Rabbi J. Menashe Shapiro (collectively, “Plaintiffs”) filed a complaint against Defendants Montgomery County, Maryland (“County”), Marc Elrich, and Marc R. Yamada1 (collectively, “Defendants”) challenging portions of the Montgomery County law on weapons, purportedly focused on recent amendments in “Expedited Bill No. 23-26” (“EB23-26”).2 (ECF No. 1 ¶¶ 17–22). Presently pending and ready for resolution is the motion for temporary restraining order (“TRO”) or preliminary injunction filed by Plaintiffs. (ECF No. 5). On September 3, 2026, a hearing on the 1 Mr. Elrich is sued in his official capacity as County Executive of Montgomery County; and Mr. Yamada is sued in his official capacity as Chief of Police of Montgomery County. John McCarthy was also sued in his official capacity as State’s Attorney for Montgomery County, (ECF No. 1, at 1); on August 24, 2026, Plaintiffs filed a notice of voluntary dismissal of Mr. McCarthy without prejudice. (ECF No. 25). 2 The dispute is not just about the amendments enacted in EB23-26. Rather, the underlying County regulation of firearm possession by persons holding a permit to carry, wear, or transport a handgun (“Permit”) must be addressed. motion in coordination with another case challenging the same provisions of the County Code was held.3 For the following reasons, the motion for a preliminary injunction will be granted in part. I. Background A. The Challenged Provisions of the Montgomery County Code Section 57-11 of the Montgomery County Code prohibits the sale, transfer, possession, or transport of firearms, ammunition, or major component for firearms “in or within 100 yards of a place of public assembly.” Montgomery Cnty., Md., Code (“Code”) Section 57-11(a). “A place of public assembly” is defined currently as follows: 57-1 Definitions – place of public assembly. (1) a publicly or privately owned: (A) park; (B) place of worship; (C) school; (D) library; (E) recreational facility; or (F) multipurpose exhibition facility, such as a fairgrounds or conference center; (2) government building open to the public for the business of government or community use; (3) polling place; (4) courthouse; or (5) legislative assembly. 3 The other case is Barreto v. Montgomery Cnty., No. 26-cv- 2912-DKC (D.Md. 2026). (See ECF No. 21, at 1). “[F]or now, the cases [are] coordinated, but not consolidated.” (Id.). 2 A “place of public assembly” includes all property associated with the place, such as a parking lot or grounds of a building. Id. Section 57-1. The prohibition in Section 57-11 does not extend to security guards licensed to carry the firearm and contains other exceptions not relevant here. Id. Section 57-11(b). Section 57- 10 provides: 57-10 Keeping guns on person or in vehicles. It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless: (a) Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or (b) Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or (c) Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or (d) Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or 3 lessee or on property with the prior permission of the owner or lessee thereof; or (e) Going to or returning from from hunting, target practice, etc. Such person is engaged in going to or from lawful hunting, drill training or target practice, or in delivering such gun to or carrying it from a gunsmith or repairman, or is engaged in any other lawful transfer of possession; provided,
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