Gun carry restrictions near parks, schools, and public buildings remain in effect for now.
Julio Barreto Jr Dr Howard Sachs Matthew Edward Moore Alan Duncan
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Gun carry restrictions near parks, schools, and public buildings remain in effect for now.
Why it matters
In Julio Barreto, Jr., et al. v. Montgomery County, Maryland (Civil Action No. DKC 26-2912), a federal district court in Maryland denied the plaintiffs' motion for a preliminary injunction. The plaintiffs, including several individuals and Maryland Shall Issue, Inc., challenged portions of Montgomery County's weapons law, particularly restrictions on carrying firearms in or within 100 yards of places of public assembly such as parks, schools, libraries, and government buildings.
Who it affects
This ruling directly affects people in Montgomery County, Maryland who hold permits to carry handguns, as the county's restrictions on carrying firearms near public gathering places remain enforceable. It also affects organizations like Maryland Shall Issue, Inc. that advocate for gun carry rights, as well as Montgomery County itself in its authority to enforce its weapons ordinance.
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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Sep 10, 2026
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DEEPER READ
The case centers on a Montgomery County, Maryland law that restricts the possession, sale, transfer, or transport of firearms, ammunition, or major firearm components in or within 100 yards of a 'place of public assembly.' That term covers a broad range of locations, including publicly or privately owned parks, places of worship, schools, libraries, recreational facilities, multipurpose exhibition facilities, government buildings open to the public, polling places, courthouses, and legislative assemblies. The restriction also extends to all property associated with those places, such as parking lots and grounds. The plaintiffs, who hold permits to carry, wear, or transport handguns, argued that these provisions violate their rights and sought emergency relief in the form of an administrative stay, a temporary restraining order, or a preliminary injunction to halt enforcement of the law while the case proceeded. The court denied the motion for a preliminary injunction after holding a hearing on September 3, 2026. The court also found it both inappropriate and unnecessary to issue an administrative stay, noting that such a remedy is reserved for situations where a defendant is about to take action that could make a case moot before the court has time to act or assess its own jurisdiction. The opinion does not detail the full reasoning behind the denial of the preliminary injunction beyond this procedural context, as the excerpt provided covers primarily the background and the challenged provisions. This case was coordinated, though not consolidated, with a related case, Silver Spring Jewish Center, Inc. and Rabbi J. Menashe Shapiro v. Montgomery County, Maryland, which challenges some of the same provisions of the County Code. The denial of preliminary relief means the County's restrictions remain in force while the litigation continues.
CITATION AND RECORD
Record source: CourtListener
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : JULIO BARRETO, JR., et al. : v. : Civil Action No. DKC 26-2912 : MONTGOMERY COUNTY, MARYLAND : MEMORANDUM OPINION Plaintiffs Julio Barreto, Jr., Dr. Howard Sachs, Matthew Edward Moore, Alan Duncan, Arthur Scott Thacher, and Maryland Shall Issue, Inc. (collectively, “Plaintiffs”) filed a complaint against Defendant Montgomery County, Maryland (“County”) challenging portions of the Montgomery County law on weapons, purportedly focused on recent amendments in “Expedited Bill No. 23-26” (“EB23- 26”).1 (ECF No. 1). Presently pending and ready for resolution is the motion for administrative stay,2 temporary restraining order (“TRO”), or preliminary injunction filed by Plaintiffs. (ECF No. 8). On September 3, 2026, the court held a hearing on the motion in coordination with another case challenging some of the same 1 The dispute is not just about the amendments enacted in EB23-26. Rather, the underlying County regulation of firearm possession by persons holding permits to carry, wear, or transport a handgun (“Permit”) must be addressed. 2 It is both inappropriate and unnecessary to issue an administrative stay in the circumstances presented here. An administrative stay may be necessary if a defendant is about to take action that could moot an action before a court has time to act or to determine its own jurisdiction. provisions of the County Code.3 For the following reasons, the motion for a preliminary injunction will be denied. 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 “[i]n 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 Silver Spring Jewish Center, Inc. and Rabbi J. Menashe Shapiro v. Montgomery County, Md., et al., DKC 26-2963. “[F]or now, the cases [are] coordinated, but not consolidated.” (ECF No. 14). 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 of the Code 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 lessee or on property with the prior 3 permission of the owner or lessee thereof; or (e) Going to or returning 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 o
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