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
First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

News  

Monday, October 6, 2025

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

News  

Monday, October 13, 2025

FBI Persists in Underreporting Armed Citizen Defensive Gun Use

Three years ago, Dr. John Lott of the Crime Prevention Research Center (CPRC), writing for RealClearInvestigations, described how the Federal Bureau of Investigation (FBI) was vastly undercounting, “by an order of more than three the number of instances in ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

News  

Monday, October 13, 2025

Firearm Prohibition Advocates Mute on Jay Jones “Two Bullets to the Head” Scandal

Democrat Jay Jones, candidate for Virginia attorney general, still has not suspended his campaign, even as pressure mounts over disclosures that should disqualify, to put it mildly, any individual from serving as the chief law ...

NRA Files Lawsuit Challenging California’s Glock Ban

Monday, October 13, 2025

NRA Files Lawsuit Challenging California’s Glock Ban

Today, the National Rifle Association—along with Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members—filed a lawsuit challenging California’s Glock ban.

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Wednesday, October 8, 2025

Rehearing En Banc Sought in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the National Rifle Association announced the filing of a petition for rehearing en banc in Siegel v. Platkin, a challenge to New Jersey’s carry restrictions.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

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.