Federal judge strikes down Texas's gun ban on adults under 21

A federal judge struck down a Texas ban on adults under the age of 21 from carrying firearms on Thursday, citing that it violated the Constitution's Second Amendment.

U.S. District Judge Mark Pittman, an appointee of former President Donald Trump, found that the Second Amendment, "as informed by Founding-era history and tradition," did not exclude 18- to 20-year-olds from the right to bear arms. Pittman ordered the injunction stayed for 30 days, pending appeal, meaning it won't immediately go into effect, according to court records.

Texas law already prevents 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. But last year, a state law went into effect that meant Texans over age 21 no longer had to get a license or undergo a background check to carry handguns.

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© Provided by Washington Examiner Gun rights lobbyists and gun owners rally in support of concealed carry gun legislation in front of the Illinois State Capitol on March 5, 2014, in Springfield, Illinois. (AP Photo/Seth Perlman)

The Thursday ruling stemmed from a lawsuit filed last November by Firearms Policy Coalition and two adult plaintiffs within that age range, arguing the young adults were "fully protected by the Second Amendment at the time of its ratification."

Pittman's decision hinged greatly on the recent landmark gun ruling out of the Supreme Court in which the justices held the Second Amendment guaranteed a right to carry weapons in public for self-defense.

The high court's decision in New York State Rifle and Pistol Association v. Bruen also ordered the federal judiciary to apply a "history-only" test when considering legal challenges to gun regulations. The new standard holds that regulations on the Second Amendment are constitutional only if it was similar to those around in the 18th century, when it was ratified.

Cody Wisniewski, an attorney with FPC, told several news outlets in a statement that the ruling marks "a significant victory for the rights of young adults in Texas and demonstrates for the rest of the nation that similar bans cannot withstand constitutional challenges grounded in history."

Conversely, gun control advocates such as Moms Demand Action called the Texas ruling "yet another example of a radical court operating wildly out of step with the American people and the Constitution."

Shannon Watts, MDA's founder, said that since 2018, "6 of the 9 of the deadliest US mass shootings have been carried out by gunmen under 21," according to a post in her Twitter thread.

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Pittman's decision also comes after the city of Uvalde had a traumatic shooting in May at Robb Elementary School, which saw a gunman kill 19 students and two teachers in the state's most deadly mass shooting at a public school.

"After hearing Uvalde survivors demanding common-sense gun safety measures — including raising the age to buy an assault weapon — a Trump-appointed judge in Texas just issued a dangerous ruling that would allow teenagers to carry handguns in public," Watts said.

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Tags: Texas, Gun Control, Firearms, Court, Uvalde School Shooting, News

Original Author: Kaelan Deese

Original Location: Federal judge strikes down Texas's gun ban on adults under 21