Politics & Government

Gun Shops Sue Montgomery County Over 'Ghost Gun' Law

A lawsuit by Gaithersburg and Bethesda residents over restrictions on ghost guns says a new Montgomery County law contradicts state law.

The Montgomery County Council unanimously passed a law in April which restricts the manufacture, possession, transfer, and sale of ghost guns — guns made at home. The council said the law is intended to keep guns from minors.
The Montgomery County Council unanimously passed a law in April which restricts the manufacture, possession, transfer, and sale of ghost guns — guns made at home. The council said the law is intended to keep guns from minors. (Colleen Martin/Patch)

ROCKVILLE, MD — Montgomery County is facing a lawsuit that says the Ghost Gun law passed in April goes against Maryland state law. Ghost guns are categorized as firearms that are made at home using a 3-D printer or a kit you can buy online, making them essentially untraceable.

The Montgomery County law says residents of the county cannot manufacture, possess, sell, or transfer ghost guns to minors, nor can they manufacture, posses, sell, or transfer them within 100 yards of a public assembly.

A public assembly doesn't have to be on public land, and it can include places such as parks, schools, libraries, hospitals, fairgrounds, or conference centers, the report presented by the council states.

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The Bethesda Beat first reported the lawsuit Thursday, which is brought by local residents — including four residents from Gaithersburg and one from Bethesda — and two gun-related stores. It was filed by the non-profit Maryland Shall Issue, which works to protect the rights of gun owners.

The lawsuit says the county "unlawfully exceeded its powers and jurisdiction to criminally regulate the possession and transfer of lawfully owned firearms in a way that is in direct conflict" with Maryland and federal law, which the suit said allows people to manufacture their own firearms.

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Federal law says it is illegal to make a gun that would not be found in a metal detector.

The council has said the goal of the law is to keep guns from minors, and keep untraceable guns off the streets.

"They're marketed often as a hobbyist item. But we know they have very serious ramifications and consequences," Council Vice President Gabe Albornoz, who spearheaded the bill, said in April. "Over 40 ghost guns were confiscated by our Montgomery County Police Department last year, as compared to less than six the year before that."

The law is set to go into effect on July 16.

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