Tipsheet

So, About James Harden's Houston Arrest

James Harden, the star basketball player for the Cleveland Cavaliers and a former Houston Rocket, was arrested in Harris County, Texas with a misdemeanor for unlawfully carrying a firearm.

Harden was arrested early Saturday morning at approximately 3:40 AM. Reports indicate that Harden was carrying a firearm inside of his vehicle, where he had stored the weapon in his vehicle’s cupholder.

While the circumstances surrounding the arrest aren’t widely known, many conservatives and gun rights activists have condemned the arrest as a violation of Harden’s Second Amendment rights.

Gun Owners of America, one of the premier organizations advocating for the Second Amendment, accurately remarked that the decision was made simply because Harden’s firearm had lacked a holster. 

Texas boasts of their status as a constitutional carry state with robust firearms protections. However, Texas law prohibits individuals in vehicles from openly carrying a firearm in plain view of other motor vehicles while the weapon is unholstered. Based on the language of the law and the limited facts available regarding the case, it is unclear if the arresting officer had noticed the firearm while located in his patrol vehicle or after approaching Harden’s car on foot.

With the high-profile nature of the arrest and the willingness of firearms advocacy organizations to speak openly about the case, that provision of Texas law may soon face legal challenges.