Larry P. McDougal
Larry P. McDougal - Attorney at Law
Richmond, Texas
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Does the recent concealed carry ruling affect Texas law?

Many Texas residents feel passionately about the state's Concealed Carry laws, which became known as License to Carry this year when the laws changed to include Open Carry. Supporters of License to Carry believe that with so many acts of violence occurring throughout the country, it's more important than ever for citizens to carry a weapon in order to defend themselves and others.

Currently, under Texas law, gun owners are allowed to carry handguns that are in the open or concealed as long as the gun owner has a license. Licenses are issued so long as applicants can meet clear expectations, including being 21 years of age or older. License holders can carry firearms in many public places, except where expressly forbidden.

California's gun law ruling

Not all states allow members of the general public to carry a concealed firearm, and California is one of these states. In fact, the Ninth Circuit Court of Appeals, which oversees California and many other west coast states, recently upheld California's stance against concealed carry.

The court ruled that "the right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment." The ruling goes against gun rights advocates who argue that states do not have the right to regulate gun possession in public.

Does the ruling affect Texas law?

The ruling from the Ninth Circuit Court of Appeals essentially holding that the second amendment does not afford people the right to conceal and carry does not affect Texas residents directly because that court does not have jurisdiction over the state of Texas.

However, Texas law could be affected if the case is appealed and the U.S. Supreme Court issues a decision in the matter. In that case, all states, including Texas, would have to follow the high court's ruling on whether citizens have the constitutional right to carry firearms in public.

It doesn't appear that the Supreme Court has much of an interest in addressing the matter at this point, but that could change in the near future.

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