TX Age Limit on Carry Ruled Unconstitutional: Andrews v. McCraw

[JEBland]

Did a quick search, didn't see it posted about recently.

A Texas Federal judge ruled that that the state's law prohibiting 18-20 year olds from carrying is unconstitutional after Bruen II. There is a 30 day stay on the order for the gov to respond.

News story:

Federal judge says Texas can’t ban 18 to 20 year olds from carrying handguns

U.S. District Judge Mark Pittman, who cited the Second Amendment in his decision, stayed the ruling pending appeal.

www.kxan.com

Copy of the opinion:

https://static.texastribune.org/media/files/1b5478d53ca94273f608f46c40f581fe/Firearms-Policy-Coalition-v.-McCraw.pdf

A timeline:

Andrews v. McCraw: FPC 2A Challenge to TX Carry Ban on 18-20 Year Old Adults

Federal Second Amendment constitutional challenge to Texas' ban on the right to bear arms as to law-abiding young adults.

www.firearmspolicy.org

Edit: As an aside, the NRA attempted to challenge this already:

National Rifle Association of America v. McCraw - SCOTUSblog

Independent News and Analysis on the U.S. Supreme Court

www.scotusblog.com

 

[Kirk Freeman]

Bruen will be the Doomsday weapon against gun control.

Good luck finding a law that said 18 year old White men could not bear arms. Besides, who do they think did the fighting (or does the fighting now)? 40 year olds with bad knees? Turn on the television and look at the faces of the Marines deployed. None of them look John Wayne's age.

My great-great-great-etc.-grandfather was 19 at Guilford Courthouse and in the thick of the stew there and elsewhere. He served a years before that battle joining the militia (we think at 15).

 

[GodFearinGunTotin]

Good.

 

[Kirk Freeman]

For the record, NRA challenged it 9 years before Bruen.

 

[Alamo]

Wow. Just a wee bit of bias in that article.

by way of background, the original concealed carry law in Texas require one to be 21 years or more to obtain a license. Various people pointed out that we had Texans 18-20 yo carrying weapons in defense of the nation who could not conceal carry in defense of themselves. So the law was amended to allow 18-20 yo in service to obtain CHLs.

There was some pushback to this because it appeared that we would lose reciprocity with some states that had 21 as minimum age And required reciprocal licenses to “substantially match” state laws. I think most felt this was not a big issue, and the law was amended.

Then a few years later Constitutional carry happened.

p.s. It wasn’t a “Texas“ judge, it was a federal judge. That judge may be from Texas but his jurisdiction is federal.

 

[Wstar425]

I never understand when people think Texas is so firearm carry friendly?

New Mexico is TERRIBLE but even we can open carry without a permission slip, as well as carry loaded concealed in a car without said p.s.

Wisconsin was the second to last state to even allow concealed carry and I’d put them ahead of Texas.

 

[JEBland]

Wow. Just a wee bit of bias in that article.

Agreed, but it wasn't ad/support/etc limited on my machine, so I went with it.

p.s. It wasn’t a “Texas“ judge, it was a federal judge. That judge may be from Texas but his jurisdiction is federal.

Thanks for the correction.

 

[jedi]

Wow Kirk that is so cool about your family history and that you can trace it back that far!

 

[Alamo]

I never understand when people think Texas is so firearm carry friendly?

I live in Texas, and it has it’s peculiarities, but I find it pretty firearm friendly. Also very property rights conscious, and where those collide with SD rights it gets contentious. Hence the sign business which no one outside of Texas understands (and quite a few inside don’t either). What is interesting is the extent that the state and local governments are required and voluntarily support carry rights.

New Mexico is TERRIBLE but even we can open carry without a permission slip,…

You can open carry in Texas either with or without a license. You can carry concealed in Texas with or without a license. You can carry as many handguns with you like either way, or carry both openly and concealed. Unlike some states.

…as well as carry loaded concealed in a car without said p.s.

Texas had provision for carrying a loaded handgun in the vehicle for decades as long as you were “traveling”. This was broadened in 2005, the “traveling“ element essentially removed completely in 2007, and the law further strengthened since then. Since constitutional carry this is a moot point, carry away!

Wisconsin was the second to last state to even allow concealed carry and is put them ahead of Texas.

Actually Wisconsin allowed “may carry” concealed carry for a number of years, but didn’t pass “shall-issue” concealed carry until they got a righteous governor in 2011. Texas did that in 1995.

 

[Alamo]

Agreed, but it wasn't ad/support/etc limited on my machine, so I went with it.


Thanks for the correction.

OK, Understand I wasn’t trying to bust your chops, just noting that article was really pushing on point. It was a good post, I’m glad to read about that, the Leg should have fixed this years ago.

 

[Kirk Freeman]

Wow Kirk that is so cool about your family history and that you can trace it back that far!

We believe Grandpa Bill was the first generation that spoke English only. Everyone before spoke Cornish and likely English.

Now you know where my round head comes from.

 

[KG1]

Bruen will be the Doomsday weapon against gun control.

Good luck finding a law that said 18 year old White men could not bear arms. Besides, who do they think did the fighting (or does the fighting now)? 40 year olds with bad knees? Turn on the television and look at the faces of the Marines deployed. None of them look John Wayne's age.

My great-great-great-etc.-grandfather was 19 at Guilford Courthouse and in the thick of the stew there and elsewhere. He served a years before that battle joining the militia (we think at 15).

View attachment 220162

How come is it that it's ok for 18-20 years olds to be compelled to put their lives on the line for this country to join the military but they cannot even exercise their Constitutional right to keep and bear arms here in America?

Old Poopy pants Nadler says it's ok in the former because we need fodder to send off to war but it's a hard NO to those same age groups when it comes to Constitutional rights.

 

[Kirk Freeman]

How come is it that it's ok for 18-20 years olds to be compelled to put their lives on the line for this country to join the military but they cannot even exercise their Constitutional right to keep and bear arms here in America?

Old Poopy pants Nadler says it's ok in the former because we need fodder to send off to war but it's a hard NO to those same age groups when it comes to Constitutional rights.

It should not be. We face a Reconstruction-sized enemy. It will take many years of litigation and legislation to have our rights returned.

 

[Wstar425]

I live in Texas, and it has it’s peculiarities, but I find it pretty firearm friendly. Also very property rights conscious, and where those collide with SD rights it gets contentious. Hence the sign business which no one outside of Texas understands (and quite a few inside don’t either). What is interesting is the extent that the state and local governments are required and voluntarily support carry rights.


You can open carry in Texas either with or without a license. You can carry concealed in Texas with or without a license. You can carry as many handguns with you like either way, or carry both openly and concealed. Unlike some states.


Texas had provision for carrying a loaded handgun in the vehicle for decades as long as you were “traveling”. This was broadened in 2005, the “traveling“ element essentially removed completely in 2007, and the law further strengthened since then. Since constitutional carry this is a moot point, carry away!



Actually Wisconsin allowed “may carry” concealed carry for a number of years, but didn’t pass “shall-issue” concealed carry until they got a righteous governor in 2011. Texas did that in 1995.

Yes to all, but only after 9/1/2021. I should have been more clear on that. I’m glad to see quite a few states moving in the right direction.

Wisconsin had may issue, but there was NEVER any chance a normal person was going to be issued one. Open carry was an option there (the only one ) since 1848. Even then in Milwaukee or Madison you could easily get a disturbing the peace charge if anyone complained. Before 2011 there was no realistic way for a normal person to get a conceal carry license IN WISCONSIN.

My opinion is likely swayed a bit by the value I place on the ability to open carry, which I mainly do. I refuse to jump thru the hoops and EXPENSE that New Mexico requires to get a conceal license, so that my address can likely be released to the public. If MLG the tiny tyrunt gets re-elected NM gun laws will most likely get a lot worse.