A federal judge who was appointed by former President Donald Trump has ruled that a Texas law banning anyone under 21 from carrying handguns in public violates the Constitution.
The ruling by District Court Judge Mark Pittman comes weeks after a U.S. Supreme Court ruling that the Second Amendment allows Americans to carry guns in public for self-defense, according to CNN. Pittman was nominated by Trump in 2019 and confirmed by the Senate that same year.
Pittman focused his ruling upon the intent of the Founders in writing the Second Amendment.
“The issue is whether prohibiting law-abiding 18-to-20-year-olds from carrying a handgun in public for self-defense is consistent with this Nation’s historical tradition of firearm regulation,” Pittman wrote, according to the ruling.
“Based on the Second Amendment’s text, as informed by Founding-Era history and tradition, the Court concludes that the Second Amendment protects against this prohibition,” the ruling said. “Texas’s statutory scheme must therefore be enjoined to the extent that law-abiding 18-to-20-year-olds are prohibited from applying for a license to carry a handgun.”
Pittman’s ruling opened with the comment that “The Second Amendment protects the right of ‘the people’ to keep and bear arms for self-defense.”
It follows with a footnote reading, “No less than the great civil rights leader Frederick Douglas wrote that ‘the liberties of the American people were dependent upon the Ballot-box, the Jury-box, and the Cartridge-box, that without these no class of people could live and flourish in this country.’”
Pittman’s legal argument continues by writing, “Are law-abiding 18-to-20-year-olds a part of ‘the people’ mentioned in the Second Amendment? As explained below, the Court concludes that they are.”
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Pittman said the Second Amendment does not impose limits on self-defense.
“To start, the Second Amendment does not mention any sort of age restriction. This absence is notable—when the Framers meant to impose age restrictions, they did so expressly,” he wrote.
Even when focusing on the term “militia,” Pittman said the Texas law violates…