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

[Novara]

Source: Texas Tribune

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

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 Inc., 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.



Read more: https://www.texastribune.org/2022/08/25/federal-court-texas-21-handguns/

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Yeah, that's all we need. Jeebus.

[ColinC]

1. The end of that sentence for the title did not end the way I thought it would

Not sure the writers of blade runner thought the future could be this dark.

[Crazyleftie]

2. A Trump judge from 2019

So we can have a minimum drinking age of 21.....but not for guns...?

hopefully this will be overturned

[MarineCombatEngineer]

4. Overturned by who?

Certainly not the SC, Tx is in the 5th District Court of Appeals, what chances do you think they'll overturn this?
Even if they did, from there it would go to the SC.

[Crazyleftie]

5. a chance though slim on appeal ....

the logic of this opinion is insane......

[MarineCombatEngineer]

7. Very slim indeed.

It's nuts, but what do you expect from a Benedict Donald appointed judge?

[RAB910]

9. why do the MSM always talk about Obama and Biden judges but not Trump judges?

The headline should have read, "Trump-appointed federal judge ruled...

[Igel]

16. So challenge the drinking age.

Maybe you can get it struck down, too.

Drinking wasn't as regulated for a couple hundred years as it is now--although there's a lot of ambiguity in what "beer" was. (There was regular beer, there was "small beer". Women and kids typically were relegated to drinking small beer, but adult men would also drink it in a pinch.)

Presumably a right could be found in history--or just asserted, since the Constitution doesn't mention beer, so that means it must be a right, and why limit it to those over 18?

[MarineCombatEngineer]

3. Oh yeah, this is a great idea.

And for those out there that say that 18-20 yo in the Military carry firearms, yes, that's true, but only after extensive training in the use and safe handling of said firearms and after shooting at the range, those firearms are secured in an armory and no one, except authorized personnel, are allowed to carry firearms on a Military base, and personal firearms on base are also supposed to be secured in an armory.

[NYC Liberal]

6. Why only "adults"? Where does it say that either?

If we’re going to go with a full on literal-black-and-white-text reading then a 10 year old should be able to walk around with a handgun. Why not? There’s nothing about age.

[Bayard]

13. Cut out the middle man!

Forget the teachers--arm the students!

[Old Crank]

8. There is no age limit in the constitution.

There fore any one who can hold a gun should be able to carry.....

Is that the next step?????

Sounds like gun humpers have a problem now with supposed constitutional rights. How do you draw a line against a 'right'?

Texas could end up with guns every where by every body no matter what. The logical conclusion of their arguments for the 2nd amendment.

[IronLionZion]

10. Not responsible enough to drink

but they can buy weapons to shoot up their schools. Then they'll make the argument that they need guns to defend themselves from other teenagers with guns.

[Icanthinkformyself]

11. Further evidence

to add to the overwhelming pile of it that there is no extreme the right will not exceed. The abyss over the cliff they've fallen has no bottom.

[Journeyman]

12. No age limit on the 21st Amendment, either, yet states enforce varied drinking laws . . .

[Bayard]

14. So technically,

A girl can't have an abortion, but she can pack a pistol. I guess that's one way to take care of rapists.

[Igel]

17. That kind of argument's a boomerang.

So a girl's adult enough at 13 to decide to have an abortion (or keep the kid) but at 17 can't have a beer.

You won't find consistency in a democracy. Laws layer, people often vote based on glands and not neurons.

[NullTuples]

18. Republicans would agree with you w/o hesitation, I fear.

[BadGimp]

15. What could possibly go wrong?

[C Moon]

19. "President trump nominated Pittman to a seat vacated by John H. McBryde"

[LetMyPeopleVote]

20. Chairman Hinojosa Releases Statement on Federal Judge in Texas Loosening Teenager Handgun Access

This asshole TFG appointed judge is ignoring the exiting law and trying to expand the Second Amendment.

Link to tweet

[sakabatou]

21. But we can ban them from drinking, so it's all good.

[melm00se]

22. Let's look at the ruling

and see what the judge's logic is.

1. To start, the Second Amendment does not mention any sort of age
restriction. This absence is notable—when the Framers meant to impose
age restrictions, they did so expressly.

This is not an arguable point because the Constitution does list age when appropriate (holding of certain offices like House members (25 years old), Senate (30 years old) and President (35 years old). Additionally, the 26th Amendment states that citizens 18 years old and older can vote which leads to the next point:

2. the Court asks a simple question: are law abiding 18-to-20-year-olds properly considered members of the political community and a part of the national community?

The court references the Heller decision which states: that the 2nd Amendment “all members of the political community, not an unspecified subset.” The court then goes on to state "the Court interpreted the phrase to encompass those “persons who are part of a national community” or those who have “sufficient connection with this country to be considered part of that
community.” The court also goes on and says that the 1st and 4th Amendment do not have age limitations (and court precedent has upheld that), the "court declines to read an implicit age restriction into the Second Amendment".

While the wording is convoluted, it boils down to if you are a citizen of at least 18 years old, you are part of the US and enjoy the rights and freedoms of being a US citizen.

The court then goes on to discuss "militia" (which I do not necessarily agree with the argument as the days of a "minutemen" style militia have passed.

The court then states one very big piece that must be remembered by all (whether you agree with the ruling or not because violating this one opens the door for extreme abuse):

(C)ourts must start and end with the text.

What the laws say and what underlying framework (the Constitution) says is how they must be applied. Allowing the State to say law A applies to situation B when the law does not discuss (nor is applicable to situation B) is just begging for the State to run roughshod over the People.

Time does not allow me to continue...I may come back to continue this but you can read the ruling here and I urge you to do so. Understanding the "why" is just as important as the "what" in a court ruling because once issued, it can become precedent and if the Court rules that 18 - 20 year olds are excluded from certain rights, that can be applied to other rights down the road and I can absolutely guarantee that will come back and bite you on the ass on a right that you old should be applicable to all.

[maxsolomon]

23. Full-Automatic firearms issued to everyone on their 18th birthday, to be carried everywhere.

at all times. Paid for by the taxpayers.

Its the inevitable, perfect state of 2nd Amendment freedom we're approaching.