Texas DPS Has Stopped Enforcing Age Limits for Handgun Permits Following Federal Judge Ruling
Texas Department of Public Safety announced in a memo that it will no longer be able to enforce age restrictions on concealed carry permits for 18-20 year-olds following a court order.
Last year, a federal judge ruled that a Texas law prohibiting 18-20 year-olds from carrying a handgun outside of the home or a personal, direct-route vehicle under their control, is a violation of the Second Amendment. The law only made exceptions for “military personnel, honorably discharged veterans, and persons protected by a protective order under either the Texas Family Code or the Texas Code of Criminal Procedure,” but excluded all other law-abiding adults under 21 years of age.
“The issue is whether prohibiting law-abiding 18-to-20-year-olds from carrying a handgun in public for self-defense is consistent with this Nation’s historical tradition of firearm regulation. Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the Court concludes that the Second Amendment protects against this prohibition.”
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION
The precedent for this ruling was established in 2022 when the U.S. Supreme Court determined that “to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.” The SCOTUS ruling was in response to a New York state law that attempted to limit who could receive a license to carry a firearm in public. According to that law, which has since been struck down, an applicant would need to satisfy the “proper cause’ requirement” and “demonstrate a special need for self-protection distinguishable from that of the general community.”
The ruling is in congruence with the Second Amendment, which makes no age distinction, however many activists on the left are infuriated by what they see as a reckless ruling.
One article titled, “Guns, depression and frat parties don’t mix,” insists that college students aren’t mature enough to carry a firearm. The “decision center” (frontal lobe) of the brain is not fully developed at 18, and this leads students to “engage in risky behaviors like binge drinking and drug use.” Of course, there is no evidence suggesting that 21 years old is somehow a better age than 20 to be legally eligible to carry a pistol in public, as the law previously required because the frontal cortex does not typically develop until 25 or 26 years of age.
That being said, the article’s author isn’t necessarily incorrect. In addition to the stereotypical, reckless, partying college student, a recent study concluded that 42% of Gen Z has been diagnosed with a mental illness. Of the young adults diagnosed, 57% take prescription medications to help manage their symptoms. Additionally, Gen Z has set generational records for their use of marijuana, hallucinogenic drugs, nicotine, and alcohol. Marijuana is not only illegal in Texas, but is also against federal law to possess. Alcohol and nicotine are illegal to consume before the age of 21, and psychedelic drugs are illegal for all ages.
Any 18-20 year old looking to obtain a concealed carry permit in Texas for self-defense in public must abide by state and federal regulations pertaining to substance use and mental health. This means, it will not be the reckless, partying, drug-abusing college student who gets approved to carry on campus.
What the article conveniently omits from the analysis is the fact that the federal firearm application accounts for each circumstance listed prior. The application is given to anyone wishing to purchase a firearm to determine eligibility. The applicant must answer a number of questions regarding criminal record, military service, mental health history, and drug or substance use.
Because federal law still prohibits 18-20 year-olds from purchasing a handgun or pistol (but not a rifle or shotgun) from a dealer possessing a Federal Firearms License (FFL) young adults under 21 may only purchase a handgun from another Texas resident in a private sale. The person gifting or selling the firearm must ensure that the buyer meets all federal criteria (with the exception of the federal age restriction) pertaining to mental health, substance use, and criminal history. To knowingly purchase a firearm for someone who is not legally eligible to possess one is a federal crime.
The court order also ensures that anyone under the age of 21 wishing to carry a firearm on their person outside the home must possess a license to carry, which involves attending and passing a concealed carry course. After passing the course, the individual would then submit their application to Texas’ DPS. Only individuals who possess a license to carry are able to carry on public college campuses.
There are more than 1,000,000 college students in the state of Texas, and so far, “the department said it has received more than 100 applications from newly eligible young adults and issued 17 licenses,” according to Dallas News. Students should have the training and ability to defend themselves and their classmates on campus, this court order ensures that the Second Amendment is not unfairly applied to adults in the state of Texas.
This article does not provide a legal opinion. To determine eligibility to purchase, possess, or carry a firearm, be sure to research all local, state, and federal regulations.
