Natl Rifle Assn of America Inc v. Steven Mc

719 F.3d 338, 2013 WL 2156571, 2013 U.S. App. LEXIS 10128
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 20, 2013
Docket12-10091
StatusPublished
Cited by71 cases

This text of 719 F.3d 338 (Natl Rifle Assn of America Inc v. Steven Mc) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Natl Rifle Assn of America Inc v. Steven Mc, 719 F.3d 338, 2013 WL 2156571, 2013 U.S. App. LEXIS 10128 (5th Cir. 2013).

Opinion

EDITH BROWN CLEMENT, Circuit Judge:

This case presents a constitutional challenge to Texas’s statutory scheme, which does not allow 18-20-year-old adults to carry handguns in public. We must hold that the state scheme withstands this challenge, because we are bound by a prior panel opinion of this court, NRA v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185 (5th Cir.2012) (hereinafter BATF).

FACTS AND PROCEEDINGS

Statutory Framework

In 1871, the State of Texas first prohibited individuals from carrying handguns in public. The current version of this proscription, codified in 1973, provides that a “person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun ... if the person is not: (1) on the person’s own premises or premises under the person’s control; or (2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.” Tex. Penal Code § 46.02(a). This crime is punishable by imprisonment for up to a year and a fine of up to $4,000. Id. § 46.02(b); see id. § 12.21.

In 1995, Texas created an exception to this general criminal prohibition when it enacted the concealed licensing program. The program allows persons who acquire concealed carry licenses to carry concealed handguns in public. Tex. Gov’t Code § 411.172(a). Licenses cost $140 each and applicants must submit their fingerprints and their criminal, psychiatric treatment, and drug treatment histories. Id. § 411.174. They must also successfully complete a 10-hour course, which includes both a written exam and a practical component to demonstrate proficiency. Id. § 411.174(a)(7); see id. § 411.188. Moreover, in order to qualify for a license, an applicant must, among other things, be “at least 21 years of age” and “fully qualified under applicable federal and state law to purchase a handgun.” 1 Id. § 411.172(a).

During legislative debate on the concealed licensing program, several legislators advocated for the 21-year-old minimum-age requirement because they believed that younger individuals were generally not mature enough to carry and handle handguns in public. In 2005, Texas relaxed the licensing requirements to allow persons under 21 who had military training to apply for concealed handgun licenses, id. § 411.172(g), because this group’s “extensive training in handling weapons” mitigated the legislature’s concern that persons under 21 generally were not sufficiently mature to handle guns responsibly. Nevertheless, Texas’s statutory scheme in effect prohibits the majority of 18-20-year-olds from carrying a handgun in public: the general criminal provision sets as the default rule that Texans may not carry a handgun in public, and the civil licensing law makes 18-20-year-olds ineligible for the con *343 cealed handgun license exception to this default rule. 2

Procedural Background

Three individual plaintiffs, ages 18-20, and the National Rifle Association (“NRA”), on behalf of its 18-20-year-old members, brought this constitutional challenge to Texas’s constructive ban on 18-20-year-olds carrying handguns in public. Each of the three individual plaintiffs claim that they wish to carry a handgun in public for self-defense but are unable to apply for one solely because of their age. While this appeal was pending, however, two of them, Rebekah Jennings and Brennan Harmon, turned 21. The third, Andrew Payne, will not turn 21 until July 2013.

Following discovery, the parties filed cross-motions for summary judgment. The district court denied plaintiffs’ motion and granted the state’s motion. The court first addressed the question of standing. It concluded that the individual plaintiffs had standing to challenge the licensing law, because they had presented evidence that, except for their age, they qualified for concealed handgun licenses. Moreover, they had each alleged that, but for their inability to get a license, they would carry a handgun in public for self-defense. But the court held that plaintiffs lacked standing to challenge the general criminal provision because they had not alleged that they wanted to carry handguns without a license, which the court concluded was necessary to show the credible threat of prosecution under the law required for Article III standing. The court recognized that it need not address whether the NRA had associational standing, since “[ojnce a court has determined that at least one plaintiff has standing, it need not consider whether the remaining plaintiffs have standing to maintain the suit.”

Turning to the merits, the district court upheld the handgun licensing law on the ground that “the Second Amendment does not confer a right that extends beyond the home.” Thus, a prohibition on carrying a handgun in public did not infringe on plaintiffs’ Second Amendment rights. And, because neither age nor non-military status is a suspect classification, the court applied rational basis scrutiny to the Texas law and rejected plaintiffs’ equal protection claim. Plaintiffs appeal.

STANDARD OF REVIEW

This court reviews questions of standing de novo. NAACP v. City of Kyle, Tex., 626 F.3d 233, 236 (5th Cir.2010). The parties seeking access to federal court bear the burden of establishing their standing. Time Warner Cable, Inc. v. Hudson, 667 F.3d 630, 635 (5th Cir.2012). The court “review[s] a district court’s grant of summary judgment de novo, applying the same standard as did the district court.” Stults v. Conoco, Inc., 76 F.3d 651, 654 (5th Cir.1996). We “may affirm summary judgment on any legal ground raised below, even if it was not the basis for the district court’s decision.” Performance Autoplex II Ltd. v. Mid-Continent Cas. Co., 322 F.3d 847, 853 (5th Cir.2003). We examine de novo the constitutionality of state statutes. Ortiz v. Quarterman, 504 F.3d 492, 496 (5th Cir.2007).

DISCUSSION

Plaintiffs appeal the district court’s decision that they lack standing to challenge Texas’s general criminal provision barring persons from carrying handguns in public. They also claim that the district court *344

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719 F.3d 338, 2013 WL 2156571, 2013 U.S. App. LEXIS 10128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natl-rifle-assn-of-america-inc-v-steven-mc-ca5-2013.