Sarah McKinley was the Oklahoma heroine of last month’s blog post who shot a home invader with a knife and protected herself and her infant son. In Texas, Sarah McKinley, age 18, would not be legally permitted to carry a concealed weapon outside of her home. The legal age in Texas has been and as of this week remains 21 for carrying concealed handguns. The NRA filed a case last May to change the legal age to 18, but U.S. district judge Samuel Cummings threw out the motion to overturn the law. Cummings stated, “The focus of the parties’ briefing does not center on the breadth of the Second Amendment but rather on the question of at what age does the right to keep and bear arms vest. This approach puts the cart before the horse. Because the Court is of the opinion that the Second Amendment does not confer a right that extends beyond the home, it need not reach the question regarding the age of investiture of such a right.”
So, a person can vote at 18, and can be sent to fight for the military, but they are not permitted to carry concealed handguns unless they are a member or veteran of the U.S. armed forces. The NRA and the Texas State Rifle Association believe that the government is being inconsistent in this case. The NRA has said that they will appeal the case (Jennings v. McCraw) on the basis of the Second Amendment, believing that the second amendment extends outside the home. The case will appeal to the U.S. Court of Appeals for the Fifth Circuit and to the Supreme Court as necessary. (The Supreme Court recently declined to hear two cases dealing with possession of arms outside the home.) Arguments for the Second Amendment stand on the literal writing which states, “The right of the people to keep (possess) and bear (carry) arms (guns) shall not be infringed.”
We’d love to get your comments on this important case.
Rifles & Concealed Handguns – Protected By 2nd Amendment – Dallas