Maryland synagogue sues county over gun restrictions near houses of worship

(The Center Square) – An Orthodox Jewish synagogue and a rabbi are suing Montgomery County over a new law that bars most people from carrying guns in or within 100 yards of houses of worship.

The New Civil Liberties Alliance filed the lawsuit Thursday on behalf of the Silver Spring Jewish Center and Rabbi J. Menashe Shapiro. The lawsuit asks the U.S. District Court for the District of Maryland to block the law while the case moves forward.

The plaintiffs argue that Expedited Bill 23-26⁠ violates the First, Second, and Fourteenth amendments.

The law generally bans people from possessing or carrying firearms in or within 100 yards of what the county calls a “place of public assembly.” That list includes houses of worship, schools, parks, libraries, recreation centers, government buildings, polling places and courthouses.

The law contains exceptions for police officers and licensed security guards. It allows a person with a state carry permit to carry a handgun in a vehicle. However, the exception does not protect permit holders who carry a gun while walking through a restricted area.

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Shapiro has a Maryland permit to carry a handgun. He also serves on the synagogue’s volunteer security team, according to the lawsuit.

The synagogue formed the armed volunteer team after the Hamas attack against Israel on Oct. 7, 2023. Members of the team have state carry permits and train together, but they are not licensed security guards.

The lawsuit says Jewish law requires Jews to defend themselves and other members of their community when needed. The plaintiffs argue that the county cannot force the synagogue to hire outside security instead of letting its own members protect the congregation.

“Montgomery County’s law prevents our client from defending its members from the threat of anti-Semitic attacks and from fulfilling their religious obligations,” NCLA attorney Jacob Huebert said in astatement⁠.

The lawsuit says the security concerns are real. A Jewish member of the congregation was attacked outside the synagogue in October 2024. An unknown person also tried to enter the synagogue early in the morning on June 9, according to the complaint.

The law also impacts Shapiro when he walks to the synagogue. Jewish law generally bars driving on the Sabbath and certain Jewish holidays. Shapiro’s route takes him near several schools, parks, and other houses of worship covered by the county’s 100-yard restriction.

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The Montgomery County Council passed the measure 10-1 on July 21⁠. County Executive Marc Elrich signed it July 27, and it took effect immediately.

County officials said the measure updated an earlier county gun law after the Maryland Supreme Court ruled that parts of it exceeded the county’s authority. The state court allowed the county to keep restrictions near certain places, including houses of worship, schools, parks and libraries.

Councilmember Dawn Luedtke, the bill’s lead sponsor, said the measure did not create new gun restrictions. She said it removed parts of the earlier law that the state court found invalid.

Elrich defended the remaining restrictions during the signing ceremony.

“Our commitment to public safety has not changed,” Elrich said. “Our goal remains exactly what it has always been, to do everything we legally can to reduce gun violence and protect our communities.”

The plaintiffs argue that a more recent U.S. Supreme Court decision makes the county law unconstitutional. In June, the Supreme Court ruled 6-3 in Wolford v. Lopez⁠ that Hawaii could not ban permit holders from carrying firearms on private property unless the owner gave clear permission.

The Silver Spring plaintiffs say the Montgomery County law goes further because it stops the synagogue from allowing its own members to carry guns on synagogue property.

The lawsuit comes as Montgomery County’s Jewish community faces continued security concerns.

The Anti-Defamation League recorded 121 antisemitic incidents in Montgomery County in 2025⁠. That was about two-thirds of the 181 incidents reported across Maryland.

The U.S. Department of Justice also warned Montgomery County on Thursday that it may file a separate lawsuit. A Justice Department official gave the county until noon Friday to promise that it would not enforce the gun restrictions at houses of worship.

“History teaches us that houses of worship are vulnerable to armed attacks,” the Justice Department letter said⁠.

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