Explore The NRA Universe Of Websites

APPEARS IN News

Injunction Sought Against Texas Campus Carry Denied by Judge

Friday, August 26, 2016

Injunction Sought Against Texas Campus Carry Denied by Judge

In July, University of Texas at Austin professors Jennifer Lynn Glass, Lisa Moore, and Mia Carter filed suit in the United States District Court for the Western District of Texas against Texas Attorney General Ken Paxton and UT officials to block the implementation of a recent change in Texas law that permits campus carry for those with a license in most portions of public university campuses. In particular, the professors took issue with the fact that the law does not empower individual professors to restrict carry in the classrooms they use.

In their complaint, the professors first contend that permitting individuals to exercise their Right-to-Carry in public university classrooms “chills [the professors’] First Amendment right to academic freedom.” The complaint suggests far-fetched scenarios where, in theory, a student could become so upset with the topic of classroom discussion that they are driven to homicidal violence. This potential, the plaintiffs argue, will force them to dampen the intensity of classroom debate. Notably, the cases cited by the plaintiffs in arguing that the First Amendment offers a robust defense of academic liberty involve government attempts to censor academic expression, not self-censorship brought about by the prejudices or fevered dreams of the educators themselves.

At least as creative as the plaintiffs’ interpretation of the First Amendment is their interpretation of the Second. The complaint contends that the plaintiffs “have a constitutional right to protection under the ‘well-regulated’ component of the Second Amendment.” In essence, the complaint argues that the Second Amendment, rather than protecting an individual right to keep and bear arms, imposes an affirmative duty on the government to prohibitively restrict the right. According to the plaintiffs, the government has failed in this duty, as in their opinion, “regulation of handgun possession and use is notoriously lax and inefficient.”

Even if one entertains this erroneous interpretation of the Second Amendment, other questions arise. If, as the plaintiffs’ bizarre theory holds, the Second Amendment imposes an affirmative duty on the government to regulate firearms, who would determine the nature and severity of such regulation? One might reasonably consider this the purview of the state legislature. However, here the plaintiffs seem to suggest that courts should determine the scope and character of firearms regulation, when the state legislature fails to sufficiently restrict firearms. This argument is a remarkable, albeit flimsy, attack on the basic notion of separation of powers. The plaintiffs also advanced spurious Fourteenth Amendment claims.

On August 8, Paxton and the UT responded with separate motions to dismiss the case. The attorney general’s motion pointed out the flaws in the plaintiffs’ First Amendment claim, noting that the “First Amendment is only violated by state action, not private conduct.” The motion goes on to make clear, “Plaintiffs are complaining that the presence of concealed carry violates their right to academic freedom, but the State is not responsible for an individual’s decision to conceal carry in a classroom or not.”

Paxton’s motion expertly countered the plaintiffs’ foolish interpretation of the Second Amendment. The motion to dismiss noted, “The Second Amendment is a floor, not a ceiling. The amendment restricts the government from infringing the right of the people to keep and bear arms; it has absolutely nothing to do with the government deciding to allow its people to bear arms to a greater extent than required by the Second Amendment.”

Rebutting the plaintiffs’ Fourteenth Amendment claims, Paxton’s motion explained that the Texas Legislature’s decision to tailor where an individual may exercise their Right-to-Carry on state property is a rational and legitimate exercise of legislative authority. In countering the plaintiffs claim that the campus carry law should be void for vagueness, Paxton pointed out that “countless” other state laws operate in similar fashion.

On August 22, United States District Judge Lee Yeakel denied the professors’ request for a preliminary injunction, ensuring that qualified UT students would be permitted to exercise their Right-to-Carry at the start of the fall semester on August 24. 

In rejecting the plaintiffs’ First Amendment claim, Yeakel noted that Texas’ campus carry law, and the manner in which the UT has chosen to enforce it, “is not a content-based regulation of speech, nor can it reasonably be construed as a direct regulation of speech.” Addressing the vagueness claim, Yeakel found that a “person of ordinary intelligence” would understand the requirements of the campus carry law as administered by the UT. The court also found the plaintiff’s contention that the state did not have a rational basis in how it has tailored restrictions on the Right-to-Carry unpersuasive, noting, “It appears to the court that neither the Texas Legislature nor the Board of Regents has overstepped its legitimate power to determine where a licensed individual may carry a concealed handgun in an academic setting.”

IN THIS ARTICLE
Texas Campus Carry Ken Paxton
TRENDING NOW
Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

News  

Monday, March 11, 2024

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

Last week, Congress approved a package of legislation to fund various government agencies that corrects a longstanding and shameful practice that had been depriving American veterans of their Second Amendment rights since 1998.

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Face the Nation Airs ATF Propaganda

News  

Monday, March 11, 2024

Face the Nation Airs ATF Propaganda

Those worried that Biden’s Bureau of Alcohol, Tobacco, Firearms and Explosives was so busy harassing well-meaning gun dealers and owners that it had forgotten about its biennial tradition can rest easy. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.