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Court upholds Texas CCW ban for under-21’s

Posted By GunMagStaff On Friday, June 28, 2013 07:45 PM. Under News Briefs  

TexasThe 5th Circuit Court of Appeals has upheld a Texas law that forbids most people between ages 18 and 20 from obtaining permits to carry concealed handguns, according to the Lubbock Avalanche-Journal.

A three-judge panel handed down its decision on May 20.

The panel unanimously held that the Texas Legislature’s goal of “curbing gun violence by keeping handguns out of the hands of immature individuals” serves a government interest of maintaining public safety through crime prevention.

The National Rifle Association and three individuals sued Texas Department of Public Safety director Steven C. McCraw in US District Court in Lubbock in September 2010.

US District Judge Sam R. Cummings denied the NRA’s claim at summary judgment.

The suit alleged that the ban violated their Second Amendment right to carry a gun in public, and was a form of age discrimination.

The suit alleged that the ban violated the right of people between the ages of 18 and 20 who would otherwise qualify for a concealed weapons permit to defend themselves in public.

The court noted, however, that the law doesn’t prevent people of that age group from owning a handgun, and having it in their homes or cars—the same law that applies to people 21 and over.

Under Texas law, it is illegal for civilian adults to openly carry a handgun. The state enacted a concealed carry license program in 1995, and modified the law in 2005 to allow people under 21 who have military training to obtain concealed gun permits.

Tags: McCraw, open carry, Texas, TX
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