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Committee adopts technical fixes to firearms ordinance and advances Expedited Bill 2‑326 to full council
Summary
The Public Safety Committee adopted technical amendments to Expedited Bill 2‑326 to align county gun regulations with the Maryland Supreme Court's ruling in Engage Armament, clarifying vehicle possession exemptions and harmonizing code sections; the committee voted by acclamation to send the amended bill to full council.
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The Montgomery County Public Safety Committee voted by acclamation to adopt amendments to Expedited Bill 2‑326 and advance the bill to the full council. County staff described the bill as a corrective measure to conform certain provisions of the county code (Chapter 57) to the Maryland Supreme Court's April decision in Engage Armament, LLC v. Montgomery County, which found some earlier local restrictions exceeded county authority.
"As the council is aware, ... in April of this year, the Maryland Supreme Court issued an opinion in Engage Armament, LLC, versus Montgomery County, Maryland, in which the court held that certain aspects of the council bills are valid exercise of the county's authority to legislate in this area. But certain other aspects of the bills were held to be in excess of county authority," Ms. Wellens, staff, told the committee, explaining the need to amend county code language so the law remains enforceable.
Staff described two amendments under consideration: one to clarify an exemption for firearms kept in vehicles by permit holders (to avoid extraterritorial application contrary to state law) and a related technical alignment between sections 57‑10 and 57‑11 of the county code. Lead sponsor Councilmember Lukey said the amendments are intended to mirror state language where appropriate to preserve locally enforceable rules on places of public assembly and to avoid unintentionally invalidating broader code provisions.
Councilmembers discussed public confusion at the earlier hearing and the legal stakes: staff warned that, without the corrections, portions of the county law on places of public assembly could be struck in a way that removes local regulation entirely. After discussion the committee adopted the packet amendments, and the lead sponsor moved to approve the bill as amended for transmission to the full council; the committee approved the motion by acclamation.
