FORT WORTH, TX – Last week, Firearms Policy Coalition (FPC) announced that it has filed a new Second Amendment lawsuit challenging laws prohibiting individuals from carrying firearms at certain locations in the State of Texas. The complaint for Ziegenfuss v. McCraw can be viewed at firearmspolicy.org/ziegenfuss.
Through the case, Plaintiffs seek to end enforcement of Texas laws that restrict firearm carry in three locations: (1) in any business where alcohol comprises 51% or more of sales (even if the individual is not consuming alcohol), (2) racetracks, and (3) sporting events. These locations “are not so-called ‘sensitive places’ where Texas can disarm people such as Plaintiffs; indeed, the challenged locations cannot be analogized to the very few—and very different—locations where bearing arms was prohibited under constitutionally relevant American history (at and around the time of the Founding),” Plaintiffs say in their Complaint.
“FPC already struck down Texas’s ban on firearm carry for adults under the age of 21. We now set our sights on ending enforcement of these locational bans so that all peaceable adults may carry firearms in public places without fear of criminal prosecution. This case is one of dozens we are litigating to help us achieve our strategic objectives and eliminate unconstitutional and immoral carry restrictions throughout the United States,” explained FPC President Brandon Combs.
The Ziegenfuss case is the newest addition to FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by three FPC members. Plaintiffs are represented by Benbrook Law Group, P.C. and Cooper & Scully, P.C. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
Extended Case Background: Ziegenfuss v. McCraw
In this case, Charles Ziegenfuss, David Montgomery, Brian Robinson, and the Firearms Policy Coalition, Inc. (FPC) are challenging certain firearm restrictions in Texas under the Second Amendment. They argue that Texas laws prohibiting the carrying of firearms in specific public venues—such as establishments where alcohol sales exceed 51% of revenue, racetracks, and sporting events—are unconstitutional.
Context and Legal Foundation
The case is rooted in the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which affirmed the right of law-abiding citizens to carry firearms in public for self-defense. This ruling established a “general right to public carry,” indicating that any restriction on this right must be consistent with the nation’s historical tradition of firearm regulation.
The Challenge
The plaintiffs are targeting Texas Penal Code § 46.03, which makes it a crime to carry firearms in:
- “51% businesses”: Establishments where over half of the revenue comes from alcohol sales.
- Racetracks: Facilities licensed for horse or greyhound racing.
- Sporting events: High school, collegiate, or professional sports venues.
These bans are argued to infringe on the plaintiffs’ Second Amendment rights as they prevent lawful carrying of firearms in public for self-defense. The plaintiffs contend that there is no historical precedent for such restrictions, particularly in the types of venues specified by Texas law.
Plaintiffs’ Position
- The individual plaintiffs are licensed gun owners who would carry firearms in these venues for self-defense but are deterred by the threat of severe legal penalties, including felony charges.
- The FPC, a national advocacy group, supports the plaintiffs, arguing that these bans hinder their members’ constitutional rights to bear arms in public spaces.
Legal Argument
The plaintiffs assert that the bans cannot be justified under the historical tradition of firearm regulation. According to the Bruen framework, any modern regulation must align with historical restrictions deemed acceptable during the Founding Era. The plaintiffs argue that the Texas bans extend beyond what is constitutionally permissible.
Relief Sought
The plaintiffs are asking the court to:
- Declare the specific sections of Texas Penal Code § 46.03 unconstitutional.
- Issue a permanent injunction preventing enforcement of these bans.
- Award legal costs and attorney fees.
This case underscores ongoing debates about the scope of the Second Amendment and how modern regulations align with historical precedents. The outcome could have significant implications for firearm laws in Texas and potentially influence similar cases nationwide.
Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
I’m glad to see FPC putting in work in Texas! Our reputation as a wild west firearm utopia is greatly exaggerated. Many states had open carry and permitless carry before us and we still have a LOT of infringement on the books. All of it kept firmly in place by Republicans over the past 30 years. Republicans have controlled the Governor’s Mansion and Senate since 1997 and have had complete control of Texas since 2003. These infringements have long been their’s to own.
And still this is being allowed.
Ask Abbott to go to a bar with security and tell them to leave Sigs at the door.
They need to add the State Fair.
One would think in Texas of all places, with it turning purple so quickly, the Republicans would be doing everything they can, to keep their base happy.
But, once again, it shows Republicans, aren’t always as pro gun as they would like us to believe.
Testing… “Nonce is invalid” won’t let me post… Testing
Funny thing about 51% rule in Texas. You are allowed to drink in an establishment that does not generate 51% of their revenue from alcohol. As long as you are not impaired (poorly defined, so be polite to authorities if necessary). So in short we can drink and carry – but not be sober in a place where other people are drinking.