The Bruen decision was like a lightening bolt to the heart of the gun control industry in this country. They knew when they read its language and realized its scope, that it meant much of the infrastructure that underlies the gun control laws that have been built up over the decades is now very much at risk.
One of the first examples of that came in August when a US District Court ruled, in a case brought by the Firearms Policy Coalition, that Texas’s ban on adults under 21 years old carrying firearms was unconstitutional. In accordance with Bruen, the court found the ban on carry by some adults in an arbitrary age group buying guns is inconsistent with country’s history and tradition of firearm regulation.
Inexplicably, Texas Attorney General Ken Paxton and the Department of Public Safety announced that they would appeal the ruling to the Fifth Circuit Court of Appeals. This is the same Attorney General, mind you, who is currently suing the ATF in support of unregulated suppressor sales for cans that are made and sold entirely within the state of Texas.
Eventually, however, common sense (likely mixed with healthy portions of political and legal reality) seem to have gotten the better of Attorney General Paxton. Yesterday his office announced that they are dropping their appeal of the District Court ruling, so any law-abiding adult, age 18 and up, is now able to carry a firearm within the Fifth Circuit.
Here’s the FPC’s announcement . . .
Today, Firearms Policy Coalition (FPC) announced that Texas has asked the Fifth Circuit Court of Appeals to withdraw the state’s appeal of the district court order that struck down its ban on handgun carry by young adults. The motion in FPC’s Andrews v. McCraw, along with other case documents, can be viewed at FPCLaw.org.
“We applaud Texas for doing the right thing and accepting the district court’s ruling against its law prohibiting 18-to-20-year-old adults from carrying firearms in public,” said Cody J. Wisniewski, FPC’s Senior Attorney for Constitutional Litigation. “Not only do young adults have the same constitutionally protected right to bear arms as all other adults, they are also among the reasons we have a Second Amendment, Constitution, and Country in the first place.”
In August, the trial court stayed the injunction for 30 days to allow Texas time to appeal. Once the court disposes of the state’s motion to withdraw its appeal, the trial court’s injunction will take effect.
The plaintiffs in this case were represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper & Kirk, who are representing FPC and individual gun owners in multiple other legal cases, as well as Texas counsel R. Brent Cooper of Cooper & Scully, P.C.
In addition to Andrews, FPC is litigating to restore the right of young people to keep and bear arms in cases including Lara v. Evanchick (vs. Pennsylvania, in the 3rd Circuit), Reese v. ATF (vs. the federal government, in the 5th Circuit), Beeler v. Long (vs. Tennessee, in the 6th Circuit), Meyer v. Raoul (vs. Illinois, in the 7th Circuit), Worth v. Harrington (vs. Minnesota, in the 8th Circuit), Jones v. Bonta (vs. California, in the 9th Circuit), and Baughcum v. Jackson (vs. Georgia, in the 11th Circuit).
Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Free states better get a move on with challenging every weapon/armor/equipment restriction available to clear the board and make it easier for us behind enemy lines to point and say yes you are violating our civil liberties and for no reason.
Obviously America lives in fear of bad people out for blood and the run to knee jerk solution is Gun Control. In the case of age related Gun Control it’s disarm young adults based on the coincidence that a batch of perps who criminally misused firearms happened to be under 21.
Of course there is never coincidence or ever anything new with Gun Control. Such blatant discrimination has walked hand in hand with Gun Control for centuries. And it will continue as long as their are self described pro 2A individuals who cannot recognize or define Gun Control by its History of Rot.
Instead of defining Gun Control many self described defenders of the 2A are like broken records repeating the same worn out arguments that have done zip, nada, nothing but provide standing for Gun Control.
The History of Gun Control and nothing else is what provides the hard courtroom evidence needed to prove Gun Control does not deserve any standing whatsoever in America.
I am for anyone 18 or over being able to purchase a firearm per our second amendment. Years ago they lowered the drinking age to 18 and we had fights at all the dances by this age group. Hope we don’t have a similar regret.
The ones that would be the source of regret already have guns and occasionally use them illegally. Most of the change would be more gun owners sooner.
Restaurant Employee Shoots And Kills Robber After Being Pistol-Whipped
https://concealednation.org/2022/12/restaurant-employee-shoots-and-kills-robber-after-being-pistol-whipped/
“RANGER, W.Va. — A man killed his stepfather and then turned the gun on himself during a violent argument in Lincoln County Tuesday evening.
According to Lincoln County deputies, Michael Charles Bennett was in an altercation with his stepfather, Justin Charles Chafin, when Bennett grabbed an AR-15 and shot Chafin several times. Bennett then shot himself. Both men were pronounced dead at the scene.”
https://wvmetronews.com/2022/12/21/apparent-murder-suicide-under-investigation-in-lincoln-county/
HOWEVER I STILL BELIEVE ANY THING ABOVE 22CAL , SHOUD HAVE TO BE 21 OR OLDER
YES I LIVE IN TEXAS , MOM SAID IF I WANT ANYTHING LARGER THAN A 22 GO JOIN THE MILITARY , WAS IN 1969 , SO I JOIN UP … AND SERVED MY COUNTRY .. BEST THING AND JOB EVER HAD .. MOM TAUGHT ME TO STAND ON MY OWN ..
Wow. Guess she should’ve taken a few minutes to show you how the caps lock key works. And to let you know that a right delayed is a right denied.
GUESS YOU’RE UNAWARE THAT THE .223/5.56 ARE CLASSIFIED AS 22 CALIBER THEN, AND THE MAJORITY OF THE DREADED AR-15s ARE CHAMBERED AS SUCH ??
FUCK YOU.
a person is either an adult with all rights/responsibilities/privileges that go along with it or not.
I don’t think that anyone needs to say more than 3 words without joining the military.
if you are old enough to carry a gunm for the government, you can have a drink, smoke, and carry a gunm for yourself.
For a parent to tell their offspring that they have restricted options in purchasing or carrying a weapon is fine. I’m all for that. If the offspring don’t like the ruling, they can move out, and go about their own lives, as they see fit.
The problem is when gubbermint decides to replace Mom and Dad, telling the offspring what they may or may not do. THAT is tyranny.
+1^
@ntexas – your capslock key is depressed
NO ONE cares what NTEXAS belives
Then you’ve been living on the wrong side of the border all these years, NTexas. It’s Mexico where the 9mm is restricted as a “military caliber”, not Texas.
Ntexas, you trope is suspect.
We are legally adults when we are 18. I myself entered boot camp when still 17. The .gov has no business telling adults they cannot exercise their civil and human rights. That is the behavior of a Fascist state.
Handgun SALES to under 21 is a federal law and still stands. The appeal being abandoned concerns permitless carry.
Correct, but that provision of the ’68 GCA is living on borrowed time.
Federal ban on handgun / ammo sales to 18-21 year olds is being challenged by FPC in Reese v. US (WDLa.). Motion for summary judgment has been pending for a few months; I suspect we’ll see a positive result in the very near future.
LKB,
Any lawsuits to toss-out the federal law which prohibits out-of-state firearm sales?
For example Kansas resident Jane Q. Public at the present time cannot legally purchase a firearm from Georgia resident John Smith (especially when the seller is an individual rather than an FFL).
If there is such a lawsuit, any prediction on the outcome?
@LKB – please explain how this withdrawal of an appeal constitutes an adjudication in the 5th circuit which establishes the law in that circuit?
It seems to me that the 5th circuit would have to make a ruling finding the District Court’s decision to have been the correct one in order to establish a precedent that all inferior courts in that circuit would have to respect.
A ruling by a District Court means next to nothing to any other court that chooses to ignore it.
Thank you for explaining something I don’t understand.
NO court “establishes the law”
Personally, I feel we should pass a constitutional ammendment raising the age of adulthood to 23, when there’s some good scientific evidence the average brain has matured enough to be slightly less dumb than before. By that same token, anyone under 23 can’t vote or exercise some of the other rights we hold dear. If more people are living with their parents into their 20s, they are not the independent adults we had in the 1700s who won us our freedoms and should be treated as children. If you join the military or other public service before 23, you get to be an adult early and exercise all the rights thereof, including un regulated firearms purchase and carry. Until we pass such an ammendment, however, there’s no excuse for denying any legal adult their full rights at 18.
… In fact, for now, at 18, your local mayor or other elected official (perhaps the sherrif) should greet you on your brithday with your very own rifle and pistol, voter registration card, and bottle of alcohol. They can instruct you on basic firearms safety if your parents were negligent in that duty, explain how voting works and it’s importance, and remind you not to use the bottle of alcohol with the rifle and or pistol at the same time. After a short time, everyone in America will be armed and Darwin will quickly prune the genetic pool that shouldn’t have made it this far to begin with. I’d pay a tax to fund that program with a smile.
Even the anti-gunners would be happy, they’d finally have a national firearms registration – The National Census. If they ever go for confiscation, they’ll know exactly which doors to knock on.
Shame to ruin a perfectly good front door from the inside out.
I have said before that if there is valid reason for a person to get a restraining order against another that person should be issued a sidearm and training from the local PD. When the threat is judged over the sidearm is returned to the PD.
That would be an excellent policy. I’d give them the option to purchase the gun at cost after the threat was over. Victims of domestic abuse, sexual assault, and stalking are often repeat targets for new predators after the first one gets bored, killed, or incarcerated.
I think the tax burden of such a policy would break many jurisdictions. That said, do you support the same policy for the ghetto and barrios in the large cities? Just wondering… We arent Switzerland…
2a applies to all.
Do you support the you-crane-yun prez handouts… we’re not the world bank. Oh wait, you have to repay bank loans… maybe Joe can take up finger painting like his kid did with Burisma
Yes, Pedro, you and your pindejos are encouraged to keep firearms down in the barrio. No problemo. We aren’t Mexico, either.
Anyone living in a “barrio” needs to GTF back where they came from. This is the US.
A carveout for those who work for fedzilla? Because one’s rights come from a government job, right?
I’ll save Word Press(my as$) the trouble.
Comment awaiting moderation.
Unicorn- No I don’t support giving jack to the Ukies, frankly I hope the Russians can bring this civil war to a successful conclusion soon, before Biden sends our “boots on the ground”. We are in a war with Russia to support the aims of the Internationalist and Globalist agenda… The Russians know this, it’s the American public that remains ignorant of the true aims of this war.
And I don’t want to hear about Zee-man getting “refugee” status in this country, either.
“I hope the Russians can bring this civil war to a successful conclusion soon“
So much for the freedom loving Americans supporting democracy.
It is sad to watch American’s cast aside their birthright and suck up to strong-man homophobe dictators.
The lights are going out in Ukraine and white supremacists could not be happier.
Who in heck ever said we were Mexico, or that I live in a barrio? I live in an area being INVADED by your imbecil pindejo pals, buckwheat. FWIW I carry whatever, where ever and whenever I please.
Your racism is showing and says a LOT about what you are as a human being.
There’s one valid reason to appeal it: Rulings by appeals courts carry much, much higher weight in future trials than the lower court, and the state AG “losing” there would help other states (and potentially get rid of that random, baseless, requirement to be 18). State AG’s appealing things they WANT to lose isn’t an entirely new concept.
tx gubmint: tough s**t, a**holes
TEXAS, LIKE A WHOLE OTHER COUNTRY!
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