Second Amendment Rights

The Second Amendment to the U.S. Constitution and Article I, Section 23 of the Texas Constitution protect the right to keep and bear arms. When government officials take firearms without legal authority, refuse to return lawfully owned property, or enforce restrictions that go beyond what the Constitution allows, Grable PLLC can evaluate whether a civil rights claim is available.

Constitutional Framework

The U.S. Supreme Court has recognized an individual right to keep and bear arms (District of Columbia v. Heller, 2008), held that it applies to state and local governments (McDonald v. City of Chicago, 2010), and held that firearm regulations must be consistent with the nation’s historical tradition of firearm regulation (New York State Rifle & Pistol Ass’n v. Bruen, 2022; see also United States v. Rahimi, 2024). In 2026 the Court applied the same framework in United States v. Hemani and Wolford v. Lopez. Article I, Section 23 of the Texas Constitution separately guarantees the right to keep and bear arms in the lawful defense of oneself or the State, while allowing the Legislature to regulate the wearing of arms to prevent crime.

Types of Matters

• Section 1983 challenges to local policies or official actions that infringe Second Amendment rights
• Unlawful seizure of firearms during stops, searches, or arrests
• Getting seized firearms returned after charges are dropped or a case ends
• Retaliation or unlawful detention for lawfully carrying
• Licensing and License to Carry (LTC) issues, including denials, suspensions, and revocations

Seized Firearms

Property seized by law enforcement is not supposed to be held indefinitely. Texas law provides procedures for the return of seized property, and a refusal to return lawfully owned firearms without due process may support state-law and constitutional claims. Deadlines can be short, so keep every receipt, property sheet, and court document.