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Texas House Bill 2470 (HB 2470), introduced by State Rep. Wes Virdell (R-Brady), seeks to expand Second Amendment protections by lowering the legal age to carry a handgun from 21 to 18 for individuals not otherwise prohibited under state or federal law. The bill cites constitutional protections and recent judicial precedent as the primary justifications for the change.
The Case for Lowering the Age Limit
State Rep. Wes Virdell, the bill’s author, highlighted the need to align gun rights for young adults with broader constitutional protections:
“Today, I filed HB 2470 to recognize the rights of 18, 19, and 20 year olds to carry a firearm. As the courts have ruled already, 18 – 20 year olds deserve the same constitutional rights as 21 and up.
When you look at the number of negative events committed by 18-20 year olds, those negative events are incredibly rare when considering that we have roughly 20 million young adults in that age range. The bad behavior of a few should not take away the rights of 20 million.
A college age female who is at higher risk of being targeted by a criminal should not be restricted by her government from carrying the means to protect herself.”
Source: State Rep. Wes Virdell (R-Brady), Twitter/X Post, 2.5.2025
Constitutional Backing
Both the U.S. Constitution and the Texas Constitution explicitly protect the right to bear arms:
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Source: Second Amendment, U.S. Constitution
“Every citizen shall have the right to keep and bear arms in the lawful defence† 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.”
Source: Section 23, Article I, Texas Constitution
Key Provisions of HB 2470
- Lowers the minimum age for carrying a handgun in Texas from 21 to 18.
- Modifies eligibility criteria for obtaining a handgun license to include adults 18 years or older.
- Aligns Texas law with recent federal court rulings that affirm Second Amendment rights for 18-to-20-year-olds.
- Ensures individuals prohibited from possessing firearms under existing laws remain ineligible.
The bill references a 2022 ruling from the U.S. District Court for the Northern District of Texas, which found Texas’ previous age restrictions unconstitutional under the Second and Fourteenth Amendments. This legislative shift is being bolstered by a more recent decision from the Fifth Circuit Court of Appeals in Reese v. ATF.
Fifth Circuit Court Ruling: A Game Changer for Second Amendment Rights
On January 30, 2025, the Fifth Circuit Court of Appeals issued a landmark ruling in Caleb Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, striking down federal laws prohibiting licensed firearm dealers from selling handguns to individuals under 21. The court found these restrictions inconsistent with historical traditions of firearm regulation and therefore unconstitutional under the Supreme Court’s Bruen and Rahimi decisions.
Key Takeaways from the Court’s Opinion
- Historical Precedent: The court emphasized that at the time of the Second Amendment’s ratification, 18-year-olds were considered part of the militia and were expected to bear arms.
- Unconstitutionality of Federal Restrictions: The ruling found that barring 18-to-20-year-olds from purchasing handguns through federally licensed dealers violated their Second Amendment rights.
- Rejection of Prior Rulings: The decision overturned previous case law (NRA I), which had upheld such age restrictions, stating that it was inconsistent with newer Supreme Court interpretations.
- Impact of Bruen and Rahimi: The Fifth Circuit applied the framework established in New York State Rifle & Pistol Ass’n v. Bruen and United States v. Rahimi, which require modern gun regulations to align with historical traditions.
How HB 2470 Aligns With the Fifth Circuit’s Decision
The Fifth Circuit’s ruling strengthens the legal foundation for HB 2470, reinforcing the argument that 18-to-20-year-olds possess a constitutional right to keep and bear arms.
Potential Implications
- State-Level Impact: If passed, HB 2470 will ensure that young adults in Texas can legally carry a handgun, eliminating age-based restrictions that were previously in place.
- Legal Challenges: The bill could still face opposition at the federal level, though the Fifth Circuit’s ruling makes it less likely to be overturned.
- Broader Second Amendment Effects: This could set a precedent for similar legislative changes in other states, particularly within the jurisdiction of the Fifth Circuit.
Opposition and Counterarguments
While HB 2470 is expected to garner strong support from gun rights advocates, opposition is anticipated from gun control groups and some lawmakers.
Arguments Against the Bill:
- Some critics argue that lowering the age threshold could increase gun-related incidents.
- Others believe that maturity levels should be considered when determining firearm access laws.
Arguments in Favor:
- Supporters argue that denying 18-year-olds their Second Amendment rights is unconstitutional, particularly since they can serve in the military, vote, and enter into legal contracts.
Legislative Outlook: What’s Next?
With the Fifth Circuit’s ruling providing strong constitutional backing, HB 2470 has a realistic path to passage in Texas. If enacted, it may encourage further challenges to federal and state laws that impose age-based restrictions on firearm ownership.
It is worth noting that when constitutional carry was passed in Texas during the 87th Legislative Session (2021), the law did not extend to individuals under 21. An amendment attempt by former State Rep. Jeff Cason (R-Bedford) to lower the age requirement failed, with only 12 House lawmakers voting in favor—some of whom later corrected their record vote after the fact.
As of this article’s publication date, HB 2470 has not yet been referred to a House committee.
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