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BIG 2nd Amendment Court Victory in Texas


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“A federal court in Fort Worth on Thursday struck down a Texas prohibition that limited adults under 21 from carrying handguns,” UPI reported.

From UPI:

Texas law bars most 18- to 20-year-olds in the state from obtaining a license to carry a handgun or carrying a handgun for self-defense outside their homes. Two plaintiffs, who fall within that age range, and the Firearms Policy Coalition, filed a lawsuit against the state to challenge the statute. The suit says the Texas law prevented the plaintiffs from traveling with a handgun between Parker, Fannin and Grayson counties, where they lived, worked and went to school.

U.S. District Judge Mark Pittman wrote that the Second Amendment does not specify an age limit and protects adults under 21 years old.

“Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the court concludes that the Second Amendment protects against this prohibition,” Pittman wrote in the ruling.

The order will not go into immediate effect. Pittman stayed the ruling for 30 days pending appeal.

CNN wrote:

The decision follows a transformational Supreme Court ruling in June which significantly expanded gun owners’ rights to carry firearms outside the home and raised the threshold that authorities must meet when defending gun restrictions.

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District Court Judge Mark Pittman stated that the Texas restriction on “law-abiding 18-to-20-year-olds” is inconsistent with the Constitution because the Second Amendment itself does not state an age restriction, and minors were part of state militias that existed in the formative years of American history.

The same reasoning has been used recently by other Trump-appointed judges to rule against gun purchase limits for older teens.

The case was brought by the gun rights nonprofit Firearms Policy Coalition, which has brought a handful of similar challenges against other states, including Pennsylvania and California.

“Texas cannot point to a single Founding Era law that prohibited 18-to-20-year-olds from carrying a functional firearm for self-defense, because not only did no such law exist, but those individuals are an important reason why we have a Bill of Rights in the first place,” said the coalition’s Senior Attorney for Constitutional Litigation, Cody J. Wisniewski. “And young people have just as much a right to keep and bear arms in public as adults over the age of 21.”

Pittman’s decision referenced the Supreme Court’s June ruling in New York State Rifle & Pistol Association v. Bruen, where the court struck down a New York law that placed restrictions on carrying concealed handguns outside the home.

Read the ruling HERE.



 

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