No state is perfect when it comes to guns. Most of them have some level of restriction over where guns can and cannot be carried. It's one thing when they allow businesses to ban guns at the door with a sign – it's a property rights issue, then, in my book – but it's another when the state just decides guns are prohibited.
Now, a lawsuit in Texas seeks to change all of that.
The Firearms Policy Coalition is seeking a summary judgment in its challenge of Texas carry restrictions:
In its ongoing lawsuit to rid Texas gun owners of laws prohibiting individuals from carrying firearms at certain locations in the Lone Star State, the Firearms Policy Coalition has filed a motion for summary judgment in the case Ziegenfuss v. McCraw.
At issue are Texas laws that bans the carrying of firearms at certain locations, including in any business where alcohol comprises 51% or more of sales (even if the individual is not consuming alcohol), at racetracks and at sporting events.
The FPC’s motion requests that the court declare the laws unconstitutional, grant an injunction to block their enforcement and acknowledge the right of law-abiding Texans to travel armed for self-defense and lawful purposes in ordinary public places.
Three FPC members—Charles Ziegenfuss, David Montgomery and Brian Robinson—have joined the FPC in the litigation.
“We look forward to eliminating these unconstitutional restrictions so that peaceable people in Texas can more fully exercise their right to bear arms,” FPC President Brandon Combs said in a news alert.
The motion states: “Plaintiffs are three law-abiding citizens licensed to carry in Texas and Firearms Policy Coalition, Inc., a non-profit membership association with members licensed to carry in Texas, including the named, Individual Plaintiffs. FPC exists to protect, defend and advance the People’s rights, especially but not limited to the inalienable, fundamental, and individual right to keep and bear arms, and to protecting the means by which individuals may exercise the right to carry and use firearms. The Individual Plaintiffs intend and desire to carry firearms in locations barred by the Carry Bans, and only decline to do so for fear of arrest and prosecution.”
The lawsuit goes on to cite the Bruen decision by noting that under that ruling, what the plaintiffs seek to do is presumptively legal.
Now, let's understand that alcohol and guns generally don't mix.
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But the law doesn't have anything to do with consuming alcohol. It's just places that sell primarily alcohol as opposed to restaurants. That means, regardless of your actions, you cannot carry lawfully. You could be the designated driver, drinking just Coca-Cola, and you're still not trusted with a gun simply because you stepped into the establishment.
Racetracks and sporting events are probably problematic because these are places where alcohol is served, but also possibly because this is a place where tensions can become fraught.
But law-abiding citizens aren't the problem, and those who aren't law-abiding aren't exactly adhering to the restrictions.
My hope is that the judge issues the judgment and Texas becomes a little freer.
Now, if we can fix all of the other states, too, we'll be on to something.
