Texas statute prohibiting carrying handguns in public held constitutional

National Rifle Association of America, Inc. v. McCraw, No. 12-10091 (5th Cir. May 21, 2013)

This is a Second Amendment challenge to the Texas statute, Tex. Penal Code § 46.02(a), prohibiting non-military persons under the age of 21 from carrying handguns in public. Three adults between the ages of 18 and 21 sued claiming they are otherwise qualified to carry handguns in public, but for their age which prevents them from obtaining a concealed handgun license.

Bound by a prior panel opinion in the case of NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir. 2012), the Fifth Circuit held the Second Amendment does not grant a right to carry arms outside of the home. The Texas statute is held constitutional.  There was a brief analysis of standing and mootness as well as the binding effect of prior panel decisions. However, the thrust of this opinion is the constitutionality of § 46.02.

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