Three University of Texas professors have filed a lawsuit seeking to prevent the August 1 implementation of campus carry on grounds that it violates the Second Amendment.
The professors — Mia Carter, Lisa Moore, and Jennifer Lynn Glass — argue that campus carry violates the phrase “well-regulated militia,” which they say communicates the “imposition of proper discipline and training.”
According to KHOU, the lawsuit says:
If the state is to force them to admit guns into their classrooms, then the officials responsible for the compulsory policy must establish that there is a substantial reason for the policy and that their regulation of the concealed carrying of handguns on college campuses is “well-regulated.” Current facts indicate that they cannot do so.
The suit also claims campus carry could violate the First Amendment by “[stifling] discussion,” saying:
Compelling professors at a public university to allow, without any limitation or restriction, students to carry concealed guns in their classrooms chills their First Amendment rights to academic freedom.
The suit also appeals to the Fourteenth Amendment, which is ironic, considering the fact that Supreme Court of the United States ruled that Second Amendment rights are incorporated (and protected) by the Fourteenth Amendment as well. SCOTUS ruled that Second Amendment rights were incorporated in McDonald v. Chicago (2010).
It should be noted that the campus carry law that takes effect on August 1 only legalizes the carrying of guns by concealed carry permit holders. Such holders are “well-regulated,” inasmuch as they are licensed after going through a thorough criminal background check, passing a shooting efficiency test, and passing a test proving their understanding of Texas gun laws.
The real question — if one wants to ask it — is why Texans have to get a license to exercise constitutional rights to begin with.
AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org.