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NATIONAL RIFLE ASS'N OF AMERICA, INC. v. McCRAW

No. 12-10091.

719 F.3d 338 (2013)

NATIONAL RIFLE ASSOCIATION OF AMERICA, INCORPORATED; Rebekah Jennings; Brennan Harmon; Andrew Payne, Plaintiffs-Appellants v. Steven C. McCRAW, in his official capacity as Director of the Texas Department of Public Safety, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 2013.

Attorney(s) appearing for the Case

Charles Justin Cooper (argued), David H. Thompson , Peter A. Patterson , Cooper & Kirk, P.L.L.C., Washington, DC, Fernando Manuel Bustos , Bustos Law Firm, P.C., Lubbock, TX, Brian Stuart Koukoutchos, Mandeville, LA, for Plaintiff-Appellant.

Jonathan F. Mitchell (argued), Solicitor General, Office of the Solicitor General, Bill L. Davis , Assistant Attorney General, Drew L. Harris , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendant-Appellee.

Scott Charles Medlock , Austin, TX, for Brady Center to Prevent Gun Violence, International Brotherhood of Police Officers, Graduate Student Assembly and Student Government of the University of Texas at Austin, Mothers Against Teen Violence. Students for Gun-Free Schools in Texas, and Texas Chapters of the Brady Campaign to Prevent Gun Violence, Amicus Curiae.

Before HIGGINBOTHAM, CLEMENT, and HAYNES, Circuit Judges.

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).

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