November 15th, 2024
The renowned legal defense team at Firearms Policy Coalition, a non-profit organization dedicated to “creating a world of maximal human liberty, defending constitutional rights, advancing individual liberty, and restoring freedom,” has initiated a new legal challenge against a long-standing Texas law that has violated the 2nd Amendment rights of Texans for years.
Zeigenfuss v. McCraw, which is being litigated in the US District Court for the Northern District of Texas, seeks to eliminate certain sections of Texas Penal Code § 46.03, which criminalizes individuals who carry firearms in the following areas:
- “51% businesses”: Establishments where over half of the revenue comes from alcohol sales.
- Racetracks: Facilities licensed for horse or greyhound racing.
- Sporting events: High school, collegiate, or professional sports venues.
Bearing the dissimilarities between the aforementioned locations and those that have been legally deemed “sensitive places,” as well as the lack of historical precedent and accordance with Constitutional relevancy in terms of locations where guns would have been prohibited around the time of the document’s writing, the Plaintiffs argue that their Second Amendment rights have been violated by the law. They assert that the state of Texas has no right to disarm law-abiding citizens in such venues, and in doing so are acting against the Supreme Law of the Land.
These arguments echo those present in New York State Rifle & Pistol Association v. Bruen, the 2022 Supreme Court case which firmly established the “general right to public carry of Americans.” This ruling also dictated that any restriction imposed on an individual’s right to carry must be in accordance with historical tradition. Gun-grabbing Texas legislators would be hard pressed to find a historical example of firearm restrictions in pubs during the era of America’s founding.
A few years back, in the same court, the FPC successfully struck down the limitations imposed on Constitutional Carry that prohibited individuals between the ages of 18 and 20 from publicly carrying firearms. The organization has subsequently received numerous other legal victories, such as in their battle against the ATF over their unconstitutional pistol brace ban. Additionally, they forced the ATF to vacate their “frame or receiver” rule which imposed further tyrannical restrictions upon Americans’ right to manufacture firearms for personal use.
All in all, the Firearms Policy Coalition has proven themselves as an immensely effective and crucial warrior for Second Amendment rights across America. Through their diligent work, they are successfully accomplishing their goals of attaining maximal human liberty and defending constitutional rights, one court case at a time.
Texas Gun Rights, which proudly serves as the Lone Star State’s premier NO COMPROMISE gun rights organization, adamantly supports the FPC in their mission to eradicate this unconstitutional code. Texans’ right to self defense does not cease upon entering a bar or sporting arena. To keep up with all news that relates to your God-given right to bear arms, subscribe to the TXGR Newsletter today, and donate below to help us in our fight to secure your freedom!
Article submitted to Texas Gun Rights by Blake Kresses
