Texas-Book-Gun Law Armed And Educated - Flipbook - Page 23
F. Protection of Lawful Commerce in Arms Act
In 2005, Congress passed the Protection of Lawful Commerce
in Arms Act (“PLCAA”) to protect firearm retailers and
manufacturers from certain lawsuits seeking damages arising
out of the criminal conduct of third parties. See 15 U.S.C. §§
7901-7903. There are a few exceptions to this Act, namely
the sale of a defective good or fraud. Interestingly, the Texas
Supreme Court recently applied the PLCAA and held that a Texas
retailer-Academy Sports and Outdoors, which sold a magazine
prohibited under Colorado law to a resident of Colorado-was
protected under the Act, effectively dropping the suit against
the retailer. In re Academy, Ltd., ___ S.W.3d ___ (Tex. June 25,
2021) (No. 19-0497).
IV. DO TEXANS HAVE A RIGHT TO KEEP AND BEAR ARMS IN THE
TEXAS CONSTITUTION?
Yes. The Texas Constitution acknowledges the right to keep and
bear arms in Article I, Section 23. This provision of the Texas
Constitution has never been amended. Article I, Section 23 reads:
Every citizen shall have the right to keep and bear arms in the
lawful defense of himself or the State; but the Legislature shall
have power, by law, to regulate the wearing of arms, with a view
to prevent crime.
The more observant will notice that, as opposed to the Second
Amendment of the United States Constitution, this description
specifically allows for regulation. The courts in Texas have
acknowledged that Section 23 allows the legislature to create laws
to prohibit certain types of weapons, and have upheld “unlawful
carrying” laws and license requirements. See Collins v. State, 501
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