TX ban on carry by voters 18-20 years of age

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hso

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Texas just got spanked for violating the 2A right of 18-20 year olds.



A federal judge in Texas threw out the state's ban on people between 18 and 20 years old from carrying handguns on Thursday in what appears to be the first major judicial decision since a landmark ruling on weapons rights by the U.S. Supreme Court in June.
The challenge to the Texas statute that bans young adults not in active military service from having handguns in public was filed in 2021 by the Firearms Policy Coalition, a gun-owners' rights group. The group said the ban violated the U.S. Constitution's Second Amendment, which says states can organize militias and that "the right of the people to keep and bear Arms, shall not be infringed."

In June, the U.S. Supreme Court ruled for the first time that the Second Amendment guaranteed an individual right to carry weapons in public for self-defense. The decision also ordered the federal judiciary to apply a "history-only" test when considering challenges to weapons regulations, saying a regulation was constitutional only if it was similar to those around in the 18th century when the Second Amendment was ratified.

Judge Mark Pittman of the U.S. District Court in Fort Worth ruled that there was no historical tradition of stopping young adults from carrying guns in public in an opinion that repeatedly cited the new Supreme Court ruling.

The judge suspended his ruling for 30 days to allow Texas to file an appeal.

In finding the ban unconstitutional, Pittman wrote that "the undisputed historical evidence establishes that 18-to-20-year-olds were understood to be a part of the militia in the Founding Era."
 
Yeah its a dumb rule. I carried a colt python when I was 16 and lived in Maine. Never shot any one. It was legal at the time and probably still is.
Well when I was 17 I was working at a convenience store and someone tried amd failed to rob me. Wasn't allowed to carry. I would have shot that guy for sure.
 
I dunno guys. That ruling specifically sated "18-20 year olds were part of the militia." I don't want my, or my sons, rights contingent on any kind of military service.
 
Tennessee has to take a lesson from this. We have permitless carry, NOT constitutional carry. 18-20 year olds are a no go.
 
Be careful what you wish for; it's coming, and you are all in for a huge shock. Don't be surprised when most of the gains we're seeing in the current times are completely wiped away.

Sure would be nice it that were the case for the BS they have been pushing through that the Fed level lately. You can call it whatever you want but if it’s counter productive it should go.
 
Anyone else really questioning the grammar skills of journalists these days? "A federal judge in Texas threw out the state's ban on people between 18 and 20 years old from carrying handguns on Thursday". Apparently, whoever wrote this thinks the ban was only on Thursday. :rofl:
 
This is the part I hope don't come back to bite us in the butt.

In finding the ban unconstitutional, Pittman wrote that " the undisputed historical evidence establishes that 18-20 year olds were understood to be a part of the militia in the found era.
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In using historical evidence to accept age limits, will that lead to "historical evidence of the founding era" to set limits as to types of weapons and capacity? This is something that has been argued heavily for many years when defining the words of the founding fathers.
 
Texas just got spanked for violating the 2A right of 18-20 year olds.
I'm missing the part where Texas got spanked. Usually that means something punitive was ordered by the court.

And thread title is odd "TX ban on carry by voters 18-20 years of age"........no Texas law on guns has anything to do with "voters".
 
In using historical evidence to accept age limits, will that lead to "historical evidence of the founding era" to set limits as to types of weapons and capacity? This is something that has been argued heavily for many years when defining the words of the founding fathers.
Thomas addressed this at length in Bruen. It's a bit buried in the discussion of "dangerous or unusual weapons," but is there.
And, there's plenty of precedent in 1st, 4th, 5th, 6th, & 7th Amendment cases, that rights are not limited to "prior art."
Tench Coxe said it best if quoted least): "...[E]very terrible implement of the soldier..."

As far as the founders of this nation were concerned, all able bodied males are part of the militia.
If we want to put a fine point upon it, in 1815 we were willing to stand up Pirates & Felons to repel the redcoats.

If we wanted to be pedantic, when Texas went "permit-less" they basically modified the existing LTC laws. Which were entirely focused on handguns, which have any number of limits (foolish, IMO, if only worth 2¢) for those 18-20.999 years old.

And, while this is something to be applauded, the onus of Federal prohibitions on 18-20.9999 carry remain in effect.
 
Not old enough to buy a handgun....but old enough to open carry one? Yeah, that makes sense!
 
If 18 years olds can’t be trusted with guns they shouldn’t be trusted to be able to vote, to serve in the military, to be classified as “adults”.
Certain political types in this country want 16 year olds to be able to vote but those same types think 18-21 year olds shouldn’t be trusted to be adults.
 
Certain political types in this country want 16 year olds to be able to vote but those same types think 18-21 year olds shouldn’t be trusted to be adults.

Which political types are you talking about? Ronald Reagan signed the legislation that raised the drinking age from18 to 21 back in 1984, Old enough to go to war, but not mature enough to drink a beer.

Most 18 year olds are still in High School. Are they adults? Are they more or less mature and responsible than those high School Seniors of a generation ago when they could still legally drink alcohol? What changed other than public sentiment?

Not old enough to buy a handgun....but old enough to open carry one? Yeah, that makes sense!

^^^ I hafta agree. The age of majority needs to be consistent, otherwise it makes no sense. Just as does the age that one can buy a handgun needs to be consistent with the age one can buy a long gun, especially now with the lethality and capacity of long guns being so much more than handguns. Handguns are not just the tools of criminals anymore. They are the tools of self preservation, much more than long guns.
 
I dunno guys. That ruling specifically sated "18-20 year olds were part of the militia." I don't want my, or my sons, rights contingent on any kind of military service.
I suspect the court was referencing the unorganized militia. The Militia Act of 1903 (AKA the Dick Act) created two classes of militias in the United States: the organized militia (the National Guard) and the reserve militia. Under that law all males aged 17-45 are members of the unorganized militia, which is not part of the military.

10 USC Ch. 12: THE MILITIA
§246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
 
Under that law all males aged 17-45 are members of the unorganized militia, which is not part of the military.

Thanks for clarifying that for me. I'm over age 45. Guess I have to give up my guns as I am no longer a member of the unorganized militia.

Anyway you slice it, connecting militia/military service with gun ownership is a really bad idea.
 
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