Fed Court Ruling: Texas law prohibiting 18-20 LTC violoates 2A

[rtschl]

Win for the Second and adults 18-20 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. Texas’s statutory scheme must therefore be enjoined to the extent that law-abiding 18-to-20-year-olds are prohibited from applying for a license to carry a handgun.


https://texasscorecard.com/state/federa ... nal-carry/

Full opinion: https://texasscorecard.com/wp-content/u ... pinion.pdf

[Paladin]

Defendants and all their officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing Texas’s statutory scheme against law-abiding 18-to-20-year-olds based solely on their age.

3. This injunction is hereby STAYED for thirty days, or pending appeal, for the duration of the appellate process.

Looks like at least 30 days until it goes into effect.

Glad to see the Bruen is having a real effect

[Boxerrider]

[puma guy]

Wow!

[Tex1961]

Does this allow anyone under 21 to be able to purchase a firearm as well, or just carry.

[anygunanywhere]

Defendants and all their officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED from enforcing Texas’s statutory scheme against law-abiding 18-to-20-year-olds based solely on their age.

3. This injunction is hereby STAYED for thirty days, or pending appeal, for the duration of the appellate process.

Looks like at least 30 days until it goes into effect.

Glad to see the Bruen is having a real effect

Real effect on the states that will abide by the ruling. NY? Not so much.

[K.Mooneyham]

Does this allow anyone under 21 to be able to purchase a firearm as well, or just carry.

I'm curious about this, too. Doesn't a person have to be 21 years or older to purchase a handgun? So, if an 18-20 year old can get a license to carry, what will they carry if they can't legally buy a handgun?

[Boxerrider]

Somebody please correct me if I get part of this wrong.
This was a state case about preventing people 18-20 from legally carrying. In Texas, 18-20 year-olds can buy a handgun from an individual.
No handgun sales to people under 21 is a federal law, which applies to dealers. I think there are cases concerning this in the works, although I can't cite one off the top of my head.

[Mike S]

Somebody please correct me if I get part of this wrong.
This was a state case about preventing people 18-20 from legally carrying. In Texas, 18-20 year-olds can buy a handgun from an individual.
No handgun sales to people under 21 is a federal law, which applies to dealers. I think there are cases concerning this in the works, although I can't cite one off the top of my head.

I'm not a lawyer, nor an FFL. My understanding is that it's a Federal law that prevents an 18-20 yo from purchasing a handgun from an FFL, not a Texas law. If I recall correctly, the Federal law doesn't prohibit an 18-20 yo from individual/private purchases not involving an FFL. I'm pulling this out of my "fourth point of contact", so if I'm incorrect someone please cite what the Federal & State laws are & I'll gladly delete this to avoid misinformation...

[AF-Odin]

I see a number of active duty Soldiers and a few Guard members in my LTC classes who are 19 and 20. LTC law in Texas allows active, reserve component, and honorably discharged vets over 18 and under 21 to receive a LTC. In most cases, the individual was gifted a handgun by a parent, and some were bought through private sales. Will be interesting to watch this case as it unfolds.

[srothstein]

Somebody please correct me if I get part of this wrong.
This was a state case about preventing people 18-20 from legally carrying. In Texas, 18-20 year-olds can buy a handgun from an individual.
No handgun sales to people under 21 is a federal law, which applies to dealers. I think there are cases concerning this in the works, although I can't cite one off the top of my head.

I'm not a lawyer, nor an FFL. My understanding is that it's a Federal law that prevents an 18-20 yo from purchasing a handgun from an FFL, not a Texas law. If I recall correctly, the Federal law doesn't prohibit an 18-20 yo from individual/private purchases not involving an FFL. I'm pulling this out of my "fourth point of contact", so if I'm incorrect someone please cite what the Federal & State laws are & I'll gladly delete this to avoid misinformation...

Both of you are correct. This was a challenge to the state law only and not the federal law. It is federal law that covers purchasing from a dealer. I was trying to guess whether Paxton would appeal it or not. He has a duty to defend state laws in court, so he might have to appeal it at least to the 5th Circuit. But with both Abbott and Paxton being pro-gun, they could just accept the ruling and say "we tried'.

But it is not a legal precedent until it gets to the appeals court. I think, from what I have heard of the ruling, that the 5th Circuit will uphold it. That is always a gamble though. Anyway, now we have a better strategic reason for appealing it. Yes, there are cases going through the system on the federal purchase law. The 4th Circuit overturned the purchase ban last year, but I do not know the current status of that case. The 5th Circuit, several years back upheld the sales ban. The Bruen decision may change that based on its guideline of how to handle 2A challenges. If the 5th Circuit up holds this case, it is legal precedent and would be usable to fight the sale ban too. This means an appeal might be in our favor in the long run, though there is a risk to it.

[Paladin]

I see a number of active duty Soldiers and a few Guard members in my LTC classes who are 19 and 20. LTC law in Texas allows active, reserve component, and honorably discharged vets over 18 and under 21 to receive a LTC. In most cases, the individual was gifted a handgun by a parent, and some were bought through private sales. Will be interesting to watch this case as it unfolds.

This.

[Vol Texan]

Somebody please correct me if I get part of this wrong.
This was a state case about preventing people 18-20 from legally carrying. In Texas, 18-20 year-olds can buy a handgun from an individual.
No handgun sales to people under 21 is a federal law, which applies to dealers. I think there are cases concerning this in the works, although I can't cite one off the top of my head.

I'm not a lawyer, nor an FFL. My understanding is that it's a Federal law that prevents an 18-20 yo from purchasing a handgun from an FFL, not a Texas law. If I recall correctly, the Federal law doesn't prohibit an 18-20 yo from individual/private purchases not involving an FFL. I'm pulling this out of my "fourth point of contact", so if I'm incorrect someone please cite what the Federal & State laws are & I'll gladly delete this to avoid misinformation...

Both of you are correct. This was a challenge to the state law only and not the federal law. It is federal law that covers purchasing from a dealer. I was trying to guess whether Paxton would appeal it or not. He has a duty to defend state laws in court, so he might have to appeal it at least to the 5th Circuit. But with both Abbott and Paxton being pro-gun, they could just accept the ruling and say "we tried'.

But it is not a legal precedent until it gets to the appeals court. I think, from what I have heard of the ruling, that the 5th Circuit will uphold it. That is always a gamble though. Anyway, now we have a better strategic reason for appealing it. Yes, there are cases going through the system on the federal purchase law. The 4th Circuit overturned the purchase ban last year, but I do not know the current status of that case. The 5th Circuit, several years back upheld the sales ban. The Bruen decision may change that based on its guideline of how to handle 2A challenges. If the 5th Circuit up holds this case, it is legal precedent and would be usable to fight the sale ban too. This means an appeal might be in our favor in the long run, though there is a risk to it.

I’m happy to see any expansion of the 2A that approaches original intent.

But it does open up an interesting conundrum. Let’s suppose that this ruling goes into effect, and then Texas issues a number of LTCs to some 18-year olds. Then, Also suppose that Paxton appeals, and wins.

Would those 18-year olds get to keep their licenses?

[NotRPB]

I'll POST BRANDON'S FACEBOOK FEED THAT I USED MY FORGIVEN STUDENT LOAN MONEY TO BUY A GLOCK ...
just kidding,

[clarionite]

If this stands, I wonder how it will effect our reciprocity agreements with other states? If I remember correctly, the inclusion of active duty under the age of 21 threw a monkey wrench in reciprocity in the past.