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Armed Attorneys Richard Hayes and Emily Taylor discuss a major Texas Supreme Court case that could have significant implications for firearm rights and protective orders in Texas.
For the first time in nearly a century, the Texas Supreme Court has weighed in on the intersection of protective orders, the right to keep and bear arms, and constitutional protections under both the Second Amendment and the Texas Constitution.
In Noyes v. State, the Court reviewed a case involving allegations of stalking, harassment, and a lifetime firearm prohibition imposed through a protective order. While the Court did not decide the ultimate constitutional question, it vacated the lower court’s ruling and ordered further review in light of the U.S. Supreme Court’s decision in United States v. Rahimi.
The case raises important questions:
• Can Texas impose a lifetime firearm ban through a protective order?• How does Rahimi affect firearm restrictions on individuals subject to protective orders?• What protections does Article I, Section 23 of the Texas Constitution provide?• Did the Founding Era allow governments to disarm dangerous individuals?• Is there a constitutional difference between temporary and lifetime firearm prohibitions?• Why are some Texas Supreme Court justices expressing skepticism toward permanent disarmament?
We break down the Court’s opinion, the powerful concurrence, and why this may become one of the most important Texas gun-rights cases to watch in the coming years.
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The post Come and Take It: For First Time in 100 Years, Texas’ Supreme Court Weighs In appeared first on Walker & Taylor Law.
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