It is undisputed that, under Texas law, the Individual Plaintiffs can carry a handgun intheir own homes, among other specified locations not at issue here.2(5)Brief of
Brady Center to Prevent Gun Violence, GraduateStudent Assembly and Student Government of the University of Texas atAustin, Mothers Against Teen Violence, Students for Gun-Free Schools inTexas, and Texas Chapters of the Brady Campaign to Prevent GunViolence in Support of Defendants [sic], filed May 18, 2011.After considering the relevant arguments and authorities, the Court
Defendant’sMotion for Summary Judgment and
Plaintiffs’ Motion for Summary Judgment.
a. Preliminary Statement
Plaintiffs bring this action for declaratory and injunctive relief challenging theconstitutionality of Texas statutes that prohibit persons under the age of 21 and who have notserved or are not serving currently in the military from carrying a handgun outside the home.The crux of Plaintiffs’ allegations is that the statutes violate both the Second Amendment to theUnited States Constitution, as it applies to the states through the Fourteenth Amendment, and theEqual Protection Clause of the Fourteenth Amendment to the United States Constitution.
b. Statutory Scheme
Under Texas law, a “person commits an offense if the person intentionally, knowingly, orrecklessly carries on or about his or her person a handgun . . . if the person is not: (1) on theperson’s own premises or premises under the person’s control
; or (2) inside of or directly enroute to a motor vehicle or watercraft that is owned by the person or under the person’s control.”
Case 5:10-cv-00141-C Document 82 Filed 01/19/12 Page 2 of 15 PageID 956