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Thread: Challenging the constitutionality of OC prohibition in Texas.

  1. #1
    Founder's Club Member
    Join Date
    Aug 2008
    DFW, Texas, USA

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    I realize that this may not be the appropriate time for this in light of the proposed legislation to legalize OC during the upcoming Texas legislative session. But here's my question.

    Could the State of Texas be taken to court for denying citizens 18-21 years of age the right to bear arms? Since these people may not legally CC. The Heller case seems to suggest that it could. If OC legislation is not passed in the upcoming session, would such a case be the next step to secure OC in Texas?

    I'm hoping this idea doesn't cause a riot. I'm just thinking out loud. Ideas, thoughts?

  2. #2
    Regular Member
    Join Date
    Jan 2008
    Austin, Texas, USA

    Post imported post

    I am not a lawyer, please check with one.

    Having said that, it's my understanding that in order to do this, you'd have to go out and get arrested for open carrying in order to have any 'standing' in the courts.

    Not to mention you'd have to have loads of time and money. I'd love to see someone do this. I wish I had the time, money, and legal expertise. Note to self: Must win lotto.

  3. #3
    Accomplished Advocate
    Join Date
    May 2006
    Bedford, Texas, USA

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    If open carry is decriminalized and no license is required for it, there would be no grounds for a suit.

    If they decide to license open carry, you could apply for the license without the payment and then sue when you get denied.

    If they do nothing with open carry, you can try applying for the CHL without paying the fee, then sue when you're denied.

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