Federal Judge Mark Pittman ruled that a Texas ban on 18 to 20-year olds carrying handguns in public is unconstitutional.
Pittman said the ruling is inconsistent with the Constitution because there is no age restriction in the Second Amendment.
A federal judge has ruled that a Texas law that bans people ages 18 to 20 from carrying handguns in public is unconstitutional, saying the restriction is inconsistent with the Second Amendment and US history.
The decision follows a transformational Supreme Court ruling in June which significantly expanded gun owners’ rights to carry firearms outside the home and raised the threshold that authorities must meet when defending gun restrictions.
District Court Judge Mark Pittman stated that the Texas restriction on “law-abiding 18-to-20-year-olds” is inconsistent with the Constitution because the Second Amendment itself does not state an age restriction, and minors were part of state militias that existed in the formative years of American history.
Under that law, the only 18-to-21-year-olds who were permitted to carry a handgun outside the home for self-defense were military personnel, honorably discharged veterans, and persons protected by a protective order under either the Texas Family Code or the Texas Code of Criminal Procedure.
“Simply stated, although Texans over the age of 21 can carry a handgun (either openly or concealed) outside the home (with or without a license), law-abiding 18-to-20-year-olds Texans are prohibited from carrying a handgun for self-defense outside the home,” Pittman noted in his ruling.
The ruling will not go into effect immediately – the judge stayed the ruling for thirty days pending appeal.