A Texas judge ruled that a state law preventing adults under 21 from carrying a handgun was unconstitutional.
Carrying a handgun in Texas wasn’t a problem for gun-owning adults who had a license to do so. However, because the state didn’t hand out licenses for anyone under 21, legal handgun owners were prevented from carrying their firearms outside of their homes.
On Thursday, U.S. District Judge Mark Pittman ruled that the Second Amendment prevents restricting the rights of gun owners based on their age.
“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. “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.”
Two unnamed plaintiffs, an 18-year-old and a 20-year-old, along with the Firearms Policy Coalition, filed the lawsuit challenging Texas’ law in November.
Pittman also reasoned that the Second Amendment has no mentions of age being a restriction, which can’t be said about other portions of the Constitution.
“To start, the Second Amendment does not mention any sort of age restriction,” he argued. “This absence is notable—when the Framers meant to impose age restrictions, they did so expressly.”
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