Texas DPS Says the Carry Bans Are Unconstitutional. It Still Wants Them Enforced.

Firearms Policy Coalition announced on September 11, 2026, that it filed its reply brief in the Fifth Circuit in Ziegenfuss v. Martin. The suit targets three Texas criminal prohibitions on carrying firearms: racetracks; businesses that derive 51 percent or more of revenue from alcohol sales; and sporting and interscholastic events. FPC asks the court to reverse and strike the bans. Case files are at firearmspolicy.org/ziegenfuss. Counsel: Bradley A. Benbrook, Stephen M. Duvernay, and Jamie G. McWilliam of Benbrook Law Group, and R. Brent Cooper of Cooper & Scully.

FPC’s unusual fact: defendant Texas DPS Director Freeman Martin “agrees with FPC that the challenged carry bans are unconstitutional, but nevertheless argues that FPC’s lawsuit should be dismissed on jurisdictional grounds, which would allow DPS to continue enforcing bans it still enforces today.” Court-appointed amici Eric Ruben and Gregg Costa defended the bans as a “balance” between liberty and security. Amici on the defense-of-the-bans side, per FPC, include Everytown, the Texas Restaurant Association, the Houston Astros, Houston Dynamo, Houston Dash, FC Dallas, Austin FC, the Houston Livestock Show and Rodeo, Harris County, the Harris County Sheriff’s Office, and Harris County District Attorney Sean Teare.

FPC President Brandon Combs: “Texas itself says these bans are unconstitutional but wants to keep us out of court so they can keep violating your rights. … The People’s rights are not subject to veto by Texas bureaucrats or wealthy business owners.” FPC leans on Wolford v. Lopez — the Supreme Court’s rejection of Hawaii’s default no-carry “vampire rule” — and United States v. Hemani. The brief says 36 other states allow carry in bars. The Fifth Circuit has not ruled.