A federal judge in Texas delivered a blow to Second Amendment advocates this week when he upheld the state’s restrictions on carrying firearms at bars, racetracks, and certain sports facilities.
Plaintiffs filed suit against the Lone Star State law that prohibited weapons at establishments that get over half of their on-site revenue from alcohol sales, racetracks, and stadiums and ballparks featuring professional, collegiate, or school competitions.
Judge somehow concluded that historical precedent supported the Texas law
U.S. District Judge Mark T. Pittman agreed with Texas’s motion for a summary judgment in Ziegenfuss v. Martin.
The Firearms Policy Coalition (FPC) and three private individuals cited the Second and Fourteenth Amendments in arguing that the law does not pass the Bruen test with respect to the nation’s history and tradition of firearm regulation.
Even with Bruen’s “history and tradition” test for gun control laws, Pittman determined that Texas officials presented substantial historical analogues to issue the summary judgment.
Summary judgment is not the end of the courtroom battle
The judge noted that laws regarding “sensitive places” likely are covered by the Second Amendment’s plain text, meaning the Bruen test applies. Still, Pittman believed history and tradition justified ruling in favor of the state’s sweeping ban on carrying in these crowded locales.
However, that action is not the end of the story.
The FPC immediately announced an appeal of the court’s ruling in a news release.
“Judge Pittman’s misguided opinion upholding Texas’s carry ban across wide swaths of public life—including at sporting events—is nothing but foul balls, so we’ve directed our attorneys to appeal this case to the Fifth Circuit without delay,” the gun rights group declared. “We’re confident the law and the Supreme Court’s binding precedent will prevail—and this insane ruling will be reversed.”
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