Y’all may or may not have heard that the Fifth Circuit’s District Court for North Texas has ruled that the Texas ban on 18 to 20-year-olds carrying handguns (except under very specific circumstances, for example, on their own property) has been overturned.
I need to state right here and now that Judge Pittman did “stay” his opinion for 30 days or pending appeal, whichever comes first. So, this is not in effect just yet. The opinion and order were filed August 25th and an amended final judgement was released on the 29th of August. If there is an appeal, then the “stay” would remain in effect until the appeal is finished.
If you would like to read the decision for yourself, it’s a pretty easy (though lengthy) read, click here for a PDF version.
The basis of his ruling is along the lines of an argument I have been making for years – you get to exercise other adult rights at the age of 18, so why not this one? Of course, Judge Pittman does an expert job at applying other cases with constitutional issues that affirm that eighteen is the accepted age of adulthood among “the people” as mentioned in the U.S. Constitution.
Judge Pittman accurately points out that the framers of the Constitution had ample opportunity to be concerned about “age” and did so when it came to the Presidency (age 35) and federal legislators in the Senate (age 30) and House of Representatives (age 25). Nowhere else did they deal with this issue.
Many, many previous court cases are mentioned in conjunction with other rights including but hardly limited to Brown v. Board of Education (equal educational opportunities), Tinker vs Des Moines Community ISD (freedom of speech) and New Jersey vs T.L.O. (right to privacy/searches). All deal with our rights as citizens and age is not a condition for any of these rights. Thus, in Judge Pittman’s opinion, since it was not an issue in any of these other Constitutional rights, it cannot be applied here.
I’ve said it before and I’ll say it again, if you are old enough to fight and die for your country; if you are old enough to be required to pay taxes; if you are old enough to be tried for crimes as an adult; you are an adult and should fully qualify for your 2A rights.
As this case evolves, I will keep you updated but, in the meantime, here’s a win for U.S. Citizens!
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