In a decision that’s got Texas gun owners spitting mad, U.S. District Judge Mark T. Pittman just rubber-stamped a state law that turns bars into no-go zones for self-defense carry. On Tuesday, the judge upheld Texas Penal Code §46.035, which prohibits licensed carriers from bringing handguns into establishments deriving over 51% of their revenue from alcohol sales—yes, that means your local dive bar or sports bar is off-limits for armed self-defense, even if you’re just nursing a soda. Pittman dismissed challenges from pro-2A groups like Gun Owners of America and the Firearms Policy Coalition, arguing the restriction doesn’t violate the Second Amendment because bars are sensitive places where booze and bullets supposedly don’t mix. Never mind that violent crime doesn’t clock out at happy hour; this ruling leaves law-abiding Texans disarmed in spots where assaults, robberies, and worse spike after dark.
Dig deeper, and this smells like judicial sleight-of-hand straight out of the Bruen playbook gone wrong. Post-Bruen, courts are supposed to stick to historical analogs from 1791 or 1868, not modern nanny-state vibes. Texas trotted out old-school drunkard laws from the 19th century banning arms while intoxicated, but challengers rightly pointed out those targeted actual inebriation, not sober patrons in a bar’s vicinity. Pittman’s punt? He leaned on fuzzy tradition without pinpointing nation-wide historical bans on sober carry in alcohol-peddling joints—because there weren’t any. This isn’t just a Lone Star loss; it’s a blueprint for anti-gunners nationwide to carve up sensitive places like Swiss cheese, from casinos to corner stores with beer coolers. Remember California’s 51% rule? It’s the same disarming scam, now federally blessed in red-state clothing.
For the 2A community, the implications are a gut punch: appeal to the Fifth Circuit ASAP, because this greenlights location-based disarmament that shreds Heller’s core promise of self-defense outside the home. Texas AG Ken Paxton should jump in, and grassroots warriors need to flood bars with No Guns? No Service boycotts to hit wallets where it hurts. If we let judges redefine bearable arms as bearable only where it’s convenient, the right evaporates. Rally up, patriots—this bar brawl is just round one.