Bruen test (Texas) · Go Syfert
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Bruen test in Texas

8 Texas opinions name it 2 courts 2019–2026 7 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
New York State Rifle & Pistol Assn., Inc. v. Bruengreen
scotus · 2022 · cited in 5 Texas opinions naming this issue, 2023–2026
2 sentences

2026I, § 23, for the reasons explained in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, [ 597 U.S. 1 , 24-25] (2022) (concluding that to uphold firearm regulation, government “must affirmatively prove” that challenged regulation “is consistent with the Nation’s historical tradition of firearm regulation”), and United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023) (concluding that statute that prohibited possession of firearms by person subject to domestic-violence restraining order failed Bruen test and thus violated Second Amendment), cert. granted, 143 S. Ct. 2688 (2023).

2023I, § 23, for the reasons explained in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, ––– U.S. ––––, 142 S. Ct. 2111, 2130 (2022) (concluding that to uphold firearm regulation, government “must affirmatively prove” that challenged regulation “is consistent with the Nation’s historical tradition of firearm regulation”), and United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023) (concluding that statute that prohibited possession of firearms by person subject to domestic-violence restraining order failed Bruen test and thus violated Second Amendment).

45
United States v. Rahimired
ca5 · 2023 · cited in 4 Texas opinions naming this issue, 2023–2026
2 sentences

2026I, § 23, for the reasons explained in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, [ 597 U.S. 1 , 24-25] (2022) (concluding that to uphold firearm regulation, government “must affirmatively prove” that challenged regulation “is consistent with the Nation’s historical tradition of firearm regulation”), and United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023) (concluding that statute that prohibited possession of firearms by person subject to domestic-violence restraining order failed Bruen test and thus violated Second Amendment), cert. granted, 143 S. Ct. 2688 (2023).

2024See United States v. Rahimi, 61 F.4th 443, 452 (5th Cir. 2023), rev’d and remanded, No. 22-915, 2024 WL 3074728 (U.S. June 21, 2024). 10 applied to him because the five-year prohibition on owning a firearm in one’s own home, post-release from sentence, does not survive Bruen’s analysis.7 Because these issues are related, we address them together.

34
National Rifle Ass'n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, & Explosivesred
ca5 · 2012 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See id. (“Texas argues that the ‘thorough and compelling’ historical 14 analysis in NRA satisfies this burden.”) (citing Nat’l Rifle Ass’n of Am., Inc. v. Bureau of Alcohol, Tobacco, Firearms, & Explosives (“NRA”), 700 F.3d 185 (5th Cir. 2012), abrogated by Bruen, 597 U.S. at 17 , 19 n.4).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
United States v. Rahimired
ca5 · 2023 · cited in 4 Texas opinions naming this issue, 2023–2026
2 sentences

2026I, § 23, for the reasons explained in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, [ 597 U.S. 1 , 24-25] (2022) (concluding that to uphold firearm regulation, government “must affirmatively prove” that challenged regulation “is consistent with the Nation’s historical tradition of firearm regulation”), and United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023) (concluding that statute that prohibited possession of firearms by person subject to domestic-violence restraining order failed Bruen test and thus violated Second Amendment), cert. granted, 143 S. Ct. 2688 (2023).

2024See United States v. Rahimi, 61 F.4th 443, 452 (5th Cir. 2023), rev’d and remanded, No. 22-915, 2024 WL 3074728 (U.S. June 21, 2024). 10 applied to him because the five-year prohibition on owning a firearm in one’s own home, post-release from sentence, does not survive Bruen’s analysis.7 Because these issues are related, we address them together.

14

Also cited on this issue (3)

CaseCitedYears
District of Columbia v. Heller green
scotus · 2008
2 sentences

2025I, § 23. 2 prohibit the government’s restriction of firearm possession by convicted felons,” and that Bruen and Rahimi did not change this.2 Id. at *2–3 (recognizing that neither Bruen nor Rahimi “overrule[d] Heller’s statement that ‘nothing in [that] opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons’” (quoting District of Columbia v. Heller, 554 U.S. 570, 626 , 128 S. Ct. 2783 , 2816– 17 (2008))); see also Ex parte Strickland, No. 12-24-00031-CR, 2024 WL 4471121 , at *1– 4 (Tex. App.—Tyler Oct. 9, 2024, pet. filed) (mem. op., not design

2025I, § 23. 2 prohibit the government’s restriction of firearm possession by convicted felons,” and that Bruen and Rahimi did not change this.2 Id. at *2–3 (recognizing that neither Bruen nor Rahimi “overrule[d] Heller’s statement that ‘nothing in [that] opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons’” (quoting District of Columbia v. Heller, 554 U.S. 570, 626 , 128 S. Ct. 2783 , 2816– 17 (2008))); see also Ex parte Strickland, No. 12-24-00031-CR, 2024 WL 4471121 , at *1– 4 (Tex. App.—Tyler Oct. 9, 2024, pet. filed) (mem. op., not design

12025–2025
United States v. Edell Jackson yellow
ca8 · 2023
2 sentences

2023Bruen, 142 S. Ct. at 2122 (beginning the opinion by expressly reaffirming the holdings of the Supreme Court’s decisions in Heller and McDonald); United States v. Jackson, 69 F.4th 495 , 506 (8th Cir. 2023) (upholding the constitutionality of § 922(g)(1)).

2023Bruen, 142 S. Ct. at 2122 (beginning the opinion by expressly reaffirming the holdings of the Supreme Court’s decisions in Heller and McDonald); United States v. Jackson, 69 F.4th 495 , 506 (8th Cir. 2023) (upholding the constitutionality of § 922(g)(1)).

12023–2023
University of Texas Health Science Center at San Antonio v. Bruen green
texapp · 2002
1 sentence

2019Id.

12019–2019

Statutes the citing opinions construe

TX § Tex. Penal Code § 46.04 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 96 (2023–2026) OH 19 (2024–2026) PA 12 (2024–2026) CA 10 (2023–2026) TX 8 (2019–2026) NY 7 (2023–2026) VA 5 (2024–2026) IA 5 (2024–2026) MD 4 (2025–2026) DE 4 (2024–2026) MA 3 (2024–2025) OR 3 (2024–2025) KS 3 (2025–2026) MI 3 (2024–2025) TN 2 (2026–2026) CT 2 (2024–2025) WI 2 (2025–2026) NC 2 (2025–2026) NJ 2 (2023–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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