The Firearms Policy Coalition (FPC) filed a lawsuit last week challenging a Texas law that limits the freedom to carry firearms in certain “sensitive locations” such as bars, sporting events and racetracks to compliant citizens. . It is part of FPC's mission to eradicate such violations nationwide.
The case is based on the 2022 Bruen Supreme Court decision (New York State Rifle and Pistol Association v. Bruen), which declared that “the Second Amendment guarantees the public a general right to carry.” This means law-abiding citizens can “'carry' weapons in public for self-defense.”
A Texas law dating back to 1995 declares 14 “sensitive areas” off-limits to firearms. Only three of them are being challenged in last week's filing. This is the FPC strategy. This would allow the group to file lawsuits in Texas and elsewhere to eliminate other similar unconstitutional bans.
As part of the FPClaw program, the company currently has more than 50 cases pending. They include laws restricting access to firearms and firearm parts, “sensitive area” laws, laws prohibiting the manufacture of so-called ghost guns in the home, and laws restricting adults under 21 from owning and carrying firearms. is challenging the law that prohibits
The current case, Siegenfuss v. McCraw, places the onus on Texas to defend its “sensitive places” law. “States have the burden of 'justifying their regulations by demonstrating that they are consistent with the nation's historical traditions regarding firearms.'” Regulations. “
No defense power
According to the FPC's lawsuit, Texas cannot legally justify its law.
But the state cannot meet its burden here, as there is no historical tradition prohibiting the transportation of firearms in these or similar locations….
Defendants' enforcement of the carry ban therefore violates the Second Amendment rights of individual plaintiffs and similarly situated law-abiding members of the Plaintiffs Firearms Policy Coalition.
This court should suspend their enforcement and rule them unconstitutional.
Currently, bars and other establishments that serve alcoholic beverages are required to post a bright red sign near the entrance that reads “Caution: 51%.” This refers to a Texas law that prohibits firearms in establishments that derive more than 50% of their revenue from alcohol sales. Similar restriction notices are posted at racetracks and other public sporting event venues.
The lawsuit continued, but
The three no-carry provisions require plaintiffs, including similarly situated FPC members and other typical law-abiding citizens, to use loaded ammunition in the event of a conflict for immediate self-defense in a public place. It individually and jointly prohibits the carrying of handguns.
The state cannot meet its burden here because there is no historical tradition, much less an established representative tradition, prohibiting firearms in bars, restaurants, racetracks, sporting events, or similar locations. .
3 remedies
FPC is seeking three remedies from Texas. First, the court would need to declare the laws creating these “sensitive areas” unconstitutional. Second, the FPC wants “permanent injunctive relief” to prevent enforcement of the newly declared unconstitutionality. And third, the court must “award all costs of litigation, including reasonable attorneys' fees, and any further relief available to the plaintiff.”
In a press release, FPC said the lawsuit is “the latest addition to FPC's high-impact strategic litigation program aimed at repealing immoral laws and building a world of maximum freedom.” …Our FPC Law program is the nation's preeminent case.” This initiative focuses on restoring the right to keep and bear arms throughout the United States. ”
FPC Chairman Brandon Combs said:
FPC has already repealed Texas' ban on carrying firearms for adults under the age of 21.
We now aim to end enforcement of these place-based bans so that all peaceful adults can carry firearms in public places without fear of criminal prosecution.
This case is one of dozens we are litigating to achieve our strategic goals and eliminate unconstitutional and immoral cell restrictions across the United States.
The 2022 Bruen decision continues to reshape the legal landscape in favor of freedom. Americans can thank the FPC and other Second Amendment-supporting public interest law firms for their hard work.
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