Maryland Ruling Threatens Legal Theory Behind Most DOJ Gun-Rights Suits

A federal court ruling out of Maryland could complicate the DOJ's broader strategy for challenging gun-unfriendly local laws, according to William Kirk of Washington Gun Law. In his latest video, Kirk walks through a decision that may blunt one of the government's main legal tools for taking on jurisdictions that trample Second Amendment rights.

Snapshot

Kirk explains that a federal district court in Maryland dismissed the DOJ's lawsuit against Montgomery County and denied a preliminary injunction, ruling that 34 U.S.C. § 12601 covers patterns of misconduct by law enforcement officers themselves, not county laws that merely get enforced against private citizens. He argues this interpretation guts the legal theory behind most of the DOJ's pending Second Amendment litigation nationwide.

Key points

• The statute at issue: Kirk says roughly 90% of DOJ's gun-rights lawsuits rely on § 12601, which authorizes action against a "pattern or practice" of unconstitutional conduct.
• The Montgomery County case: DOJ had challenged the county's sweeping sensitive-places law, which Kirk says effectively turned the whole county into a gun-free zone.
• The court's reasoning: Kirk details how the judge found the statute targets police misconduct like excessive force, not officers simply enforcing laws that restrict private conduct.
• Spillover risk: Kirk warns this ruling could be copied by other unfriendly courts, including in pending cases like San Jose, where a judge already questioned whether § 12601 applies.
• Political clock: Kirk notes that appeals will take time, and a shift in the White House in 2028 could end DOJ's Second Amendment enforcement efforts altogether.

Quick take

Kirk frames this as a serious setback rather than a dealbreaker, stressing that appeals are likely but slow, and that gun owners shouldn't assume DOJ's current momentum will last indefinitely.

Watch the full video: Washington Gun Law