Texas Judge upholds gun rights for those under 21

A Texas judge has ruled that the right to bear arms is not limited by age, in yet another victory for gun rights months after a landmark Supreme Court decision upheld the Second Amendment.

The judge struck down a state ban on carrying handguns for adults under 21, Fox News reported.

Another gun rights victory

The lawsuit was brought by the Firearms Policy Coalition in November on behalf of two plaintiffs below age 21.

While age restrictions are mentioned in various sections of the Constitution, they are absent in the Second Amendment, U.S. District Judge Mark Pittman ruled.

“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.”

Pittmann cited the New York State Rifle & Pistol Association, Inc. v. Bruen decision in June, in which the Supreme Court struck down a New York law requiring people to have special reasons to carry firearms publicly.

The court ruled that the Second Amendment “presumptively protects” the right to bear arms and that the burden falls on the government to prove a firearm regulation is “consistent with the Second Amendment’s text and historical understanding.”

Liberals react

Following that line, Pittmann noted that “the undisputed historical evidence establishes that 18-to-20-year-olds were understood to be a part of the militia in the Founding Era.”

The Firearms Policy Coalition called the ruling “a significant victory for the rights of young adults in Texas” that “demonstrates for the rest of the nation that similar bans cannot withstand constitutional challenges grounded in history.”

Of course, liberal gun control groups are upset by the decision.

Shannon Watts, founder of the gun-control organization Moms Demand Action, called the decision “yet another example of a radical court operating wildly out of step with the American people and the Constitution.”

Meanwhile, liberal states such as New York have sought to skirt Bruen with new, draconian gun laws, setting up further legal challenges. On the other hand, Texas enacted a constitutional carry law last year allowing adults over 21 to carry handguns without a permit.

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