The Firearms Policy Coalition (FPC) recently filed a new lawsuit challenging Texas’ current law banning most individuals between the ages of 18 and 20 from publicly carrying a handgun, even when they can lawfully possess said weapon.
Earlier this year, Texas passed “Constitutional Carry,” which removes the requirement for individuals to obtain a license to carry a handgun. In doing so, Texas became the 21st state to pass Constitutional Carry.
However, Texas’ new Constitutional Carry law did not mark a radical departure from state code in that Texas residents must still be at least 21 years of age or older to legally carry a handgun in public.
It’s only in rare circumstances that individuals in the 18 to 20-year-old age bracket can obtain a License to Carry (LTC). For example, Daniel Friend of The Texan noted that these individuals must be members of the military or be under a protective court order to qualify for an LTC under the age of 21.
“While we were glad to see Texas enact constitutional carry for adults over 21 years of age, that bill left us the important task of seeking judicial relief for adults under 21,” stated FPC’s senior director of legal operations, Adam Kraut, in a press release FPC published on November 9, 2021. “We look forward to vindicating the rights of our members and all young adults who reside in Texas.”
This lawsuit was filed in the U.S. District Court for the Northern District of Texas. The case Andrews v. McCraw requests the court to rule that the prohibition on individuals ages 18- to 20-year-old from carrying in Texas to be an unconstitutional violation of the Second and Fourteenth amendments to the U.S. Constitution.
In addition, the plaintiffs are calling on the court to enjoin the state from enforcing it. The lawsuit is asking the court to rule against judicial precedent.
Previously, in 2013, the Fifth Circuit Court of Appeals maintained the carry ban on the 18 to 20 age group in a similar lawsuit the National Rifle Association (NRA) filed that year.
In FPC’s new lawsuit, the organization argues that the plaintiffs involved in the case — two North Texas residents between the ages of 18 and 20 — believe the NRA case “was wrongly decided.”
“They, therefore, institute this litigation to vindicate their Second Amendment rights and seek to have McCraw overruled by a court competent to do so,” the lawsuit outlined.
According to the FPC’s press release, the lawsuit’s goal is to have the Fifth Circuit overturn the previous case’s ruling.
“This lawsuit is part of our nationwide strategic litigation program designed to restore the Second Amendment and ensure that all non-violent individuals are able to exercise their fundamental right to keep and bear arms,” declared Kraut.
Although, this attempt to broaden the age range of who can carry a firearm is a fairly partisan issue. According to a Gallup Poll, 41% of respondents are “dissatisfied” with the current gun laws and want stricter ones, but the majority of Democrats (68%) wanted stricter gun laws.
