In layman’s terms: A gun rights group is suing the state over its ban on carrying firearms where alcohol is sold, at racetracks, and at sporting events.
On Tuesday, October 29, the Firearms Policy Coalition (FPC) filed a new Second Amendment lawsuit challenging certain public locations where Texas bans the carrying of firearms.
The complaint, Ziegenfuss v. McCraw, identifies the challenged locations as distinct from so-called “sensitive places” and shows that “…there is no historical tradition for banning the carriage of firearms at these or analogous locations.”
The challenged locations are:
- in any business where alcohol comprises 51% or more of sales (even if the individual is not consuming alcohol)
- racetracks
- sporting events
As explained by FPC President Brandon Combs:
FPC already struck down Texas’s ban on firearm carry for adults under the age of 21. We now set our sights on ending enforcement of these locational bans so that all peaceable adults may carry firearms in public places without fear of criminal prosecution. This case is one of dozens we are litigating to help us achieve our strategic objectives and eliminate Unconstitutional and immoral carry restrictions throughout the United States
The 13-page complaint makes its point directly:
Despite Bruen‘s confirmation that peaceable citizens such as Plaintiffs have a “general right” to carry handguns outside the home, Texas law forbids possessing a firearm in a variety of ordinary public places. Penal Code § 46.03(a).
The complaint was filed in the United States District Court for the Northern District of Texas, Fort Worth Division.
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