Texas has more laws on sex toy ownership than gun ownership

Tragedy struck Texas on May 24 2022, when a mass shooting occurred at Robb Elementary School. Naturally, the public is calling for stricter gun laws. In the wake of this tragedy, an unusual law concerning sex toy ownership has come to light and it is shocking that it is stricter than gun ownership.

Texan gun laws

Just last year, Texas relaxed its gun laws. Indeed according to The Texas Tribune, the law now states:

Anyone 21 years or older to carry a handgun in public without need for a permit or training as long as they aren’t otherwise prohibited from owning a firearm by law, such as people with felony or domestic violence convictions.

Moreover, there are no laws concerning how many guns an individual can own according to the Texas State Law Library.

After the new gun law was passed, Governor Greg Abbott said, as reported by Ladbible:

Texas will always be the leader in defending the second amendment, which is why we built a barrier around gun rights

Texan sex toy laws

The state of Texas may be lax when it comes to gun control, however, they seem to be strict on sex toys. Yes, that’s right. In Texas there are laws controlling how many sex toys or ‘obscene devices’ one can possess.

In Section 43.23 of the Texas penal code it says:

A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.

A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.

However, despite it being in the penal code, it cannot legitimately be enforced as it has been deemed unconstitutional ‘by a federal appeals court nearly a decade ago', according to Politifact.

This may seem wild, but Texas police have tried to enforce this law. Back in 2004, a woman was arrested at an MLM ‘passion party’ by undercover police officers. The woman was arrested when she ‘advised the toy be used for improving sex’, the trial was dismissed by the judge according to Sheknows. If the woman had gone to trial, she could have faced a year in prison and a $4,000 fine.

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