Texas DPS No Longer Enforcing Ban on 18- to 20-Year-Olds From Carrying Handguns

Texas Department of Public Safety (DPS), has stopped enforcement of a state law making it illegal for 18-to-20-year-olds with handguns to be carried in public.

Recent memos to DPS officers alerted them about the enforcement change.

This enforcement change is made after U.S. District Judge Mark Pittman, Fort Worth, struck down the law that bars young adults from possessing handguns. He cited the Second Amendment’s age limitations as a violation. (pdf) Under Texas Penal Code 46.02Under 21-year-olds are forbidden from carrying handguns in public, unless they are protected or serving in the military.

The former President Donald Trump appointed Pittman, who serves the Northern District of Texas from 2019 to 2019.

DPS Director Steven McCraw had filed an appeal to the court’s decision, but in late December, the agency withdrew its appeal, allowing the judge’s order to stand. (pdf) The state gave no explanation for the withdrawal. (pdf)

The legal battle began when the Firearms Policy Coalition Inc. in California filed a lawsuit against two plaintiffs who were between 18 and 24 years old. According to the suit, the law forbids the couple from travelling between North Texas counties where they live, work, and school.

The suit was filed about two months after the state’s Constitutional Carry law went into effect, allowing legal gun owners to carry a handgun without a license.

‘Victory’ Constitutional Rights

The Firearms Policy Coalition declared Pittman’s ruling a “victory” For Constitutional rights

“We applaud Texas for doing the right thing and accepting the district court’s ruling against the law prohibiting 18- to 20-year-old adults from carrying firearms in public,” Cody Wisniewski was the senior FPC attorney. “Not only do young adults have the same constitutionally protected right to bear arms as all other adults, they are also among the reasons we have a Second Amendment, Constitution, and Country in the first place.”

It’s unclear whether other law enforcement agencies will follow Pittman’s ruling.

The Dallas County and Harris County Sherriff’s Offices did not respond to requests for comment.

Democrats Seeking Stricter Gun Laws

Texas Democrats urge lawmakers to examine a variety of bills that would make the state more gun-friendly. The 88th Legislative Session convened earlier in the month.

Some bills were created in response to the horrendous mass shooting at Robb Elementary that left 19 students and 2 teachers dead.

He was 18 when he began his deadly rampage. The police eventually killed him.

A Uvalde A police officer observes as the family members and friends of those who were killed or injured in the Robb Elementary school shootings take part in a protest march in Uvalde (Texas) on July 10, 2022. (Eric Gay/AP Photo)

State Senator Roland Gutierrez from San Antonio, who represents Uvalde in his district, presented four bills Tuesday that he said would reduce gun violence, provide support for families of victims of school violence and give law enforcement more accountability.

SB 145, one of his bills, would increase the age at which you can purchase certain weapons such as firearms or clubs. It also raises the age at which you can buy a knife that is restricted to a specific location from 18 to 21. A location-restricted knife is a knife with a blade over 5 ½ inches. (pdf)

“It has to be the session where we do something on gun safety,” Gutierrez said during a Press conference Austin, Texas Capitol. He was accompanied on the trip by his family, who had lost loved ones in Uvalde’s massacre of May 24.

“We’re not asking for the moon and stars; we’re asking for commonsense solutions. These families are broken,” He continued. “They’re mad as hell, they’re angry, and there’s not one damn thing that anybody’s going to be able to do that is going to bring their children back, but under no certain terms should we allow their deaths to be in vain.”

Marissa Lozano (the younger sister of Irma Garcia, who was shot to death at Robb Elementary) also spoke out and urged lawmakers to pass the bill to increase the legal age to buy firearms. Garcia’s husband died of a heart attack two days after his wife, leaving four children behind.

“You say raising the age limit would not prevent these atrocities from happening because criminals don’t follow the law,” Lozano said. “Well, this shooter did.”

Gov. Greg Abbott’s office also did not respond to a request for comment.