imported post
RIAShooter wrote:
SANDCREEK wrote:
I'm suggesting that (just maybe) the simplest solution is to amend Texas law to clearly insert "CONCEALED handgun" into 46.01 & 46.02 in lieu of "handgun".
Perhaps we are so deep into the "forest" on this Texas OC issue - that we can't see the BIG "TREE".
Is it possible that Texans have convinced themselves that open carry is "illegal" - when it is not ?
Texas law (the State constitution) specifically affirms the right to keep and bear arms in defense of one's person, and obligates State government to respect that right. Texas statutes were revised in 1995 to"regulate the wearing" of CONCEALED handguns.
OK - step back a minute and reflect on this. The reason handguns have been singled out in Texas statutory law is BECAUSE they are CONCEALABLE,as opposed to long guns. The concealable nature of the handgun lends itself to CRIMINAL applications. Fine - the Texas legislature hasacted within its constitutional power to "regulate the wearing" thereof.
Problem solved ! It is illegal to "wear" a concealed hangun without a State license.The Texas legislature has also "regulated" WHERE ANY firearm may NOT be "worn"- specific locations. This pretty well demonstrates the "regulate the wearing" clause of the Texas constitution.
I think the challenge is more one of re-educating ,than legislatingto "allow" for the lawful wearing of a (nonconcealed) handgun...when the Texas constitution already recognizes the practice to be a RIGHT.
The purpose and intent of Texas statutory law on this issue is to "prevent crime". Shooting other persons without just cause, robbing, kidnapping, threatening, etc - are crimes. Bearing arms in defense of one's person so as not to become the victim of a crime - is NOT a crime. It is a RIGHT.
Perhaps in January the Texas Legislature cancan have a hearing on this issue ,and resolve it through reason, consensus, and a simple amendment to clarify CONCEALMENT as the issue.
+10 this is the best point I've read so far
Sec.23.RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
Now let us look at this. It states that every citizen shall have the right to keep and bear arms in the lawful defense of himself. It does not say how to wear carry or anything else....
ItONLY gives the law makers the power to regulate the wearing of arms toPREVENT CRIMES...Not to allow them to make laws to regulate the bearing of arms to defend one's self such as a CHL.
Our forefathers did not make a statment that changed what they said in the next sentence.
The lawmakers here in Texas cannot regulate the CITIZEN from keeping and bearing arms PERIOD. There is no laws that can be passed about CARRYING arms until they change the Constitution.
They can only regulate the wearing of arms if people are commenting crimes. Not to KEEP OR EVEN PASS LAWS ON PEOPLE CARRYING OR WEAR ARMS TO DEFEND THEMSELVES.
Example.. They can regulate a person from wearing a arm to rob a 7-11. But they cannot regulate a citizen from wearing a gun to defend himself while going to a 7-11.
Make sense if you just read it. So this thing about carring a gun will never pass until they change the Constitution. "The Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."
If you think about the Texas CHL is UNCONSTITUIONAL. They did not and do not have the power by law to pass and give out permits for people to keep and bear arms in the lawful defense of himself. They do not have the right to regulate acitizen in keeping and bearing arms And it says ARMS.... NOT RIFLE SHOTGUNS OR HANDGUNS.
How may laws are there in Texas on long guns?????? NONE..... Why???? Because you carry a long gun you do not WEAR them. They can only regulate the WEARING of arms...... To prevent crimes not to regulate the defending of one's person.