U.S. District Court Finds Texas Penal Code 46.02(a) Prohibition of Carry by 18-20 Year Olds Unconstitutional

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  • seeker_two

    My posts don't count....
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    That place east of Waco....
    Ok, let me ask you this? When Abbott and O'Rourke are on the ballot, and someone does not vote for Abbott because they don't like some of his policies, but someone from the d side votes for O'Rourke whose vote is going to count? And whose will not? Say 10,000 think that what is going to happen?

    If Texas Republicans are smart, they will stop putting power-hungry RINOs on the ballot.....
     

    DougC

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    Several recent comments on this topic make the same point offered by this lawyer on the Four Boxes Diner YouTube Channel.

    Not being a lawyer [is that a good thing?] the explanation made my brain hurt. Bottom line whichever way the 5th Circuit Court of Appeals rules either Texas or the plantiffs (Firearms Policy Coalition) could take the case eventually to SCOTUS. And considering the recent Bruen decision I would guess the Supremes would find that 18-20 year olds are adults and have 2A rights to carry nationwide. Not just in Texas as the Ft Worth judge's ruling only applied here.

    If the federal courts ruled such that 18-20 yrs can carry in TX and maybe other states we would not have to wait on politicians to vote to change the law. Which is not a bad outcome especially for states/cities with elected officials that would never vote to improve 2A rights. So as the Four Boxes Diner says this is good thing for the overall impact it could have nationwide.

    For Texas I expect we will have to wait on the federal courts decision as I doubt the current leaders (if reelected) would take up lowering the age limits. They might eventually but remember how long it took to get constitutional carry passed.
     

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    Sasquatch

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    Apr 20, 2020
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    Magnolia
    Several recent comments on this topic make the same point offered by this lawyer on the Four Boxes Diner YouTube Channel.

    Not being a lawyer [is that a good thing?] the explanation made my brain hurt. Bottom line whichever way the 5th Circuit Court of Appeals rules either Texas or the plantiffs (Firearms Policy Coalition) could take the case eventually to SCOTUS. And considering the recent Bruen decision I would guess the Supremes would find that 18-20 year olds are adults and have 2A rights to carry nationwide. Not just in Texas as the Ft Worth judge's ruling only applied here.

    If the federal courts ruled such that 18-20 yrs can carry in TX and maybe other states we would not have to wait on politicians to vote to change the law. Which is not a bad outcome especially for states/cities with elected officials that would never vote to improve 2A rights. So as the Four Boxes Diner says this is good thing for the overall impact it could have nationwide.

    For Texas I expect we will have to wait on the federal courts decision as I doubt the current leaders (if reelected) would take up lowering the age limits. They might eventually but remember how long it took to get constitutional carry passed.

    I think the potential of losing the ruling in the courts COULD scare them enough to make a change in the law allowing 18+ to apply for LTC - but NOT allow 18+ to carry under the permitless law. That *could* be a legal workaround enough to nullify the case - though I would hope the plaintiffs would press for a final SCOTUS or 5th Circuit ruling regardless. Other states have tried that crap - changing the law to try to nullify the suit - it didn't work out for New York in the Bruen case either. I also don't think the court would allow the unequal treatment under the law were such tactics attempted.

    If you're old enough to raise your hand and enlist in the military, or be drafted up - you're old enough to buy booze, buy guns, carry guns, buy all the sinful - but - legal stuff you want and deal with the consequences.
     

    rotor

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    I think the potential of losing the ruling in the courts COULD scare them enough to make a change in the law allowing 18+ to apply for LTC - but NOT allow 18+ to carry under the permitless law. That *could* be a legal workaround enough to nullify the case - though I would hope the plaintiffs would press for a final SCOTUS or 5th Circuit ruling regardless. Other states have tried that crap - changing the law to try to nullify the suit - it didn't work out for New York in the Bruen case either. I also don't think the court would allow the unequal treatment under the law were such tactics attempted.

    If you're old enough to raise your hand and enlist in the military, or be drafted up - you're old enough to buy booze, buy guns, carry guns, buy all the sinful - but - legal stuff you want and deal with the consequences.
    And buy ammo. I think the plan is for Texas to fight the ruling all the way to SCOTUS so that it becomes universal and not just Texas. If Texas doesn't fight it than it just applies to Texas.
     

    Sasquatch

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    Magnolia
    And buy ammo. I think the plan is for Texas to fight the ruling all the way to SCOTUS so that it becomes universal and not just Texas. If Texas doesn't fight it than it just applies to Texas.

    I hope your 4D chess theory is correct, and it isn't just state RINOs fighting 2A rights
     
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