The lawsuit, filed in U.S. District Court in Greenbelt, alleges that the ordinance unconstitutionally infringes on commercial and noncommercial free speech rights. It also alleges that the ordinance violates a state law that preempts counties from enacting certain kinds of gun control measures. In addition, the suit argues that the council's action infringes on the municipal power of Gaithersburg to enact its own laws by effectively banning gun shows within the city's borders.

Krasner was joined in the lawsuit by two frequent exhibitors at his gun shows, Valley Gun of Baltimore and Robert D. Culver. They are seeking $ 500,000 in damages and an immediate injunction that would stop the county from enforcing the law.