Firearms Policy Coalition Sues Texas Over 3 ‘Sensitive Places’ Carry Bans

Texas 51% sign
Courtesy texas3006.com

Whenever people think of firearms-friendly states, Texas is usually top-of-mind. But that’s based mostly on its bygone wild west image. While Texas is better than most and is one of the 29 states that no longer require a government permission slip to pack a pistol, the reality is there are other states that are far more accommodating to gun-toting citizens than the Lone Star state (my native Missouri comes immediately to mind).

Looking to chip away at some of Texas’s remaining anachronistic gun control laws that ban carry is certain so-called sensitive places, the Firearms Policy Coalition has filed suit attacking three such restrictions; bans on carry in businesses that serve alcohol, racetracks and sporting events. The interesting aspect of this suit is how strenuously Texas Attorney General Ken Paxton, who cultivates a pro-gun persona, will defend the FPC’s suit. That should be instructive, to say the least.

Here’s the FPC’s announcement of the suit . . .

Firearms Policy Coalition (FPC) announced that it has filed a new Second Amendment lawsuit challenging laws prohibiting individuals from carrying firearms at certain locations in the State of Texas. The complaint for Ziegenfuss v. McCraw can be viewed at firearmspolicy.org/ziegenfuss.

Through the case, Plaintiffs seek to end enforcement of Texas laws that restrict firearm carry in three locations: (1) in any business where alcohol comprises 51% or more of sales (even if the individual is not consuming alcohol), (2) racetracks, and (3) sporting events. These locations “are not so-called ‘sensitive places’ where Texas can disarm people such as Plaintiffs; indeed, the challenged locations cannot be analogized to the very few—and very different—locations where bearing arms was prohibited under constitutionally relevant American history (at and around the time of the Founding),” Plaintiffs say in their Complaint.

“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,” explained FPC President Brandon Combs.

The Ziegenfuss case is the newest addition to FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by three FPC members. Plaintiffs are represented by Benbrook Law Group, P.C. and Cooper & Scully, P.C. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on InstagramX (Twitter)Facebook, and YouTube.

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