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Saying individual Americans must own under guns, a co-host that the news-like Weekend upgrade segment ~ above NBC’s "Saturday Night Live" wrapped in a claim around Texas.

Colin Jost, who also wondered aloud around the massive shooter in las Vegas owning 47 guns, said in the Oct. 7, 2017 episode: "No one need to own 47 the anything." Cats, because that instance, Jost go on, prior to adding: "There is a real law in Texas that states it’s illegal to own an ext than six dildos. And I obtain why—no one requirements that many! If girlfriend have an ext than 6 dildos, the a clear authorize you room training because that something awful."

Cue laughter. But does Texas have such a law?

An NBC spokeswoman, Lauren Roseman, decreased to comment once we seek the communication of Jost’s statement. We likewise failed to draw comment--about Jost"s accuracy--from the Texas lawyer general’s office, law professors and representatives the Texas legislation officers and district attorneys.

A law found unconstitutional

For ours part, we suspected the Jost was referring to a state law restricting "obscene devices" that remains in place despite being discovered unconstitutional by a commonwealth appeals court nearly a te ago. We freshly looked right into the law, which days to the 1970s, in finding mainly False a claim that U.S. Sen. Ted Cruz, the former Texas solicitor general, when supported a half on sex toys. Cruz’s defense that the law, us concluded, came as part of his duties as the state’s optimal appellate lawyer in ~ the time.

Section 43.23 that the Texas penal password does no specify dildos. It states: "A human commits an offense if, understanding its content and character, the wholesale disclosure or possesses with intent to wholesale promote any type of obscene product or obscene device." one more provision specifies: "A human who possesses 6 or more obscene gadgets or identical or comparable obscene short articles is presumed to possess them v intent to encourage the same," the implication being the the human being would violate the restriction on promoting such devices.

In ruling versus the state in February 2008, judges on the 5th U.S. Circuit Court the Appeals cited Lawrence and Garner v. Texas, the U.S. Can be fried Court"s 2003 opinion striking under bans ~ above consensual sex between gay couples, in violation the the 14th Amendment. State lawyers did not appeal the dildo judgment to the U.S. Can be fried Court.

"Just together in Lawrence," the circuit court judges wrote, "the state right here wants to usage its regulations to force a public moral code by restricting personal intimate conduct. The case is not about public sex. The is not around controlling business in sex. It is around controlling what civilization do in the privacy the their own homes since the state is morally opposed to a certain type of consensual personal intimate conduct. This is an poor justification after ~ Lawrence."

Law stays in place

Lawyers familiar with the appeals court judgment agreed, once we asked, that the sexual devices statute stays in Texas regulation — however that’s an north reality, many said.

James C. Todd, a since-retired Texas assistant attorney basic who safeguarded the legislation in commonwealth district court, said by call he wasn’t surprised that legislators can not use acted to repeal the law. His speculation: "They don’t desire to go ago and in the following election have it said (that) my adversary voted against a law to prohibit indecency."

Todd said that while the law remains ~ above the books, it’s unenforceable; due to the fact that it’s claimed unconstitutional, no prosecutor would prosecute someone because that violating it, the said.

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Gary Krupkin, a Dallas lawyer who represents merchants of sex toys, said by email that the circuit court’s ruling had the same effect as the Texas legislative repealing the law. Krupkin stated he’s unaware of any kind of other state regulation that might be used to ban, restrict, or otherwise impede the purchase, ownership, commercial revenue or use of multiple dildos.