• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Are Texas gun laws constitutional?

O

Orange

New member
Joined
Jul 2, 2008
Messages
3
Location
, ,
imported post

I have spoken directly with Rick Perry in regards to recent attempts at a Texas sovereignty law being passed. There will be another attempt to get it passed next year.

Gov. Perry told me when I asked about the Gun Control Act of 1968 in regards to hcr 50 passing, he told me directly and to quote:

"Any Law restricting Texans 2nd Amendment rights will not fly in this State, and I will fight to ensure that every right is returned."
 
KBCraig

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
imported post

Orange wrote:
I have spoken directly with Rick Perry in regards to recent attempts at a Texas sovereignty law being passed. There will be another attempt to get it passed next year.
Click to expand...
Nextsession, you mean. The Legislature doesn't meet again until 2011.
 
M

mike75925

Regular Member
Joined
Jul 31, 2009
Messages
25
Location
, ,
imported post

all perry has to do is denounce these laws publicly, and pardon all those convicted on such charges.as far as when the legislature reconvenes, will perry still be governor?
 
S

SANDCREEK

Regular Member
Joined
May 13, 2008
Messages
234
Location
Arlington, Texas, USA
imported post

Next time you talk with Governor Perry - please ask him if he has requested a formalopinion from the Attorney General on how Texas law enforcement should interpret Title 10, 46.02 and 46.035 [unlicensed handgun carry restrictions, and "fails to conceal" provision under authority of the CHL] - in accordance with the Texas Constitution's right to keep & bear arms guarantee.

Taking this step would impress me alot more than rhetoric.

I wrote the good Governor in May incouraging him to take this step. No reply from his "good offices" to date.
 
D

DVC2010

New member
Joined
Jun 7, 2009
Messages
4
Location
Durango, Colorado, USA
imported post

The Texas legislature can "regulate the wearing of arms, with a view to prevent crime." In Heller, the Supreme Court said that "a prefatory clause ['A well regulated militia being necessary to the security of a free state'] does not limit or expand the scope of the operative clause ['the right of the people to keep and bear arms shall not be infringed']." It seems that the Texas Constitution can be read the same way. The legislature regulates the wearing of arms through concealed carry licensing.
 
D

DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
imported post

DVC2010 wrote:
The Texas legislature can "regulate the wearing of arms, with a view to prevent crime." In Heller, the Supreme Court said that "a prefatory clause ['A well regulated militia being necessary to the security of a free state'] does not limit or expand the scope of the operative clause ['the right of the people to keep and bear arms shall not be infringed']." It seems that the Texas Constitution can be read the same way. The legislature regulates the wearing of arms through concealed carry licensing.
Click to expand...
with a view to prevent crime? how's that working out for us?
 
CrossFire

CrossFire

Regular Member
Joined
Nov 29, 2007
Messages
407
Location
Irving, Texas, USA
imported post

Exactly which crimes are being prevented. The only one I see is the crime that was created when the legislature made carrying a gun illegal.
 
S

SANDCREEK

Regular Member
Joined
May 13, 2008
Messages
234
Location
Arlington, Texas, USA
imported post

One thing needs to be clearly understood - A RIGHT is not subject to LICENSING.

The premise that the Texas legislature is acting within it's constitutional job description to"regulate the wearing " is a weak and gasping argument that fails to address the original sin of the Legislature in declaring the otherwise lawful possession of a handgun in all but a few specified circumstances a "crime" in and of itself.

I would not - at this point in time- recommend that any Texan apply for a Texas CHL, because Texas statutes make no distinction between concealed or open carry - EXCEPT as provided for those persons issued a CHL. Texans have a RIGHT to wear that handgun guaranteed by the State constitution. It is the height of hypocracy for Texas government to brag about a "right" to keep and bear arms that must be accompanied by a State issued LICENSE.

Either amend the unconstitutional Title 10 , sec 46.02 to read "concealed handgun", thereby enabling unlicensed opencarry- and require the CHL for concealed carry like most other states - but PLEASE quit calling licensed concealed carry the exercise of a RIGHT in Texas.

It is a sad commentary indeed that the Texas government refuses to recognize the very right to keep and bear arms that the Legislature's power to "regulate" IN SUPPORT OF ( not to limit the scope of) was provided for in the State constitution.

This is why Texans need a major turn-overin Austin come the next election cycle.
 
J

jsimmons

Regular Member
Joined
Aug 20, 2009
Messages
181
Location
San Antonio, ,
imported post

orthzar wrote:
Article I, Section 23 of the Texas State Constitution:

"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."

So then Texans may wear arms. The "wearing" part may be regulated. The point of such regulation is "to prevent crime." So far this all makes sense.

Now to the actual Legislature. Concealed Carry is banned to the general public, except under the regulation of a license(CHL), which is not too harsh. Open Carry is also banned to the general public, except under regulation of a license(LEO, Dog Catcher, District Attorney, Judge, etc.).

I would find the law quite in line with the State Constitution, if the law simply said that felons and the like may not possess firearms in public except in the case of a court order.

This is not the case, however. Texas law clearly bans Open Carry to all but the privileged in government or law enforcement positions. I am still mad at my legislators for letting this bull-manure stand between me and my own safety. Someone needs to shovel this crap into the nearest dumpster.

My biggest pet peeve is when a law contradicts its own constitution, and it is even worse when the only reason to do so is because some 12-year-old-minded politician thinks it would be best.

This just makes me want to run for State Congress.

Oh, and the constitution does not provide for the Legislature to regulate WHERE you can carry your arm.


So in short, I declare sections 46.02 and 46.03 of Title 10 of the Penal Code to be unconstitutional, in their entirety.

cheers
Click to expand...
Maybe a proper approach would be to cite "equal protection". Why should normal citizens be denied their right to self protection?
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

I must say this is a major problem for persons traveling through Texas. Texas is the last stop before you hit other states and I can defintly see people getting pulled over in transit to another state and getting busted for the possession of a gun without a CHL seeing I OC unlicensed in Ohio. I intend on traveling to TX but this really needs to be resolved.
 
S

SA-TX

Centurion
Joined
Feb 12, 2008
Messages
275
Location
Ellis County, Texas, USA
imported post

Bustelo5% wrote:
I must say this is a major problem for persons traveling through Texas. Texas is the last stop before you hit other states and I can defintly see people getting pulled over in transit to another state and getting busted for the possession of a gun without a CHL seeing I OC unlicensed in Ohio. I intend on traveling to TX but this really needs to be resolved.
Click to expand...


Don't let this thread confuse you -- you may legally travel with your gun in Texas with no permit or license. The recently passed Motorist Protection Acttakes away the possibility oflegal arrest and then having to usethe on-the-books-forever defense of "traveling". You simply have to keep the gun concealed & not be committingany crime other than a traffic violation.
 
B

Bustelo5%

Regular Member
Joined
Apr 22, 2009
Messages
474
Location
kent, Ohio, USA
imported post

That is badass thats fantastic for them I wish Ohio would do the same thing. Really just make our travel protection law so we can oc while driving.
 
R

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
imported post

I Agree with SA-TX, what it looks like is a mass demonstration of all who want to exercise their right to K& BA.

If only all who want to would get a day, to OC, through out the state, there wouldn't be enough LEO's to arrest them all, and courts would be over whelmed with OC-ers can you Imagine 2,000 people in Texas demanding their rights to self-protection in these hard times.This would be nation wide news !

And all asking for a Jury trial of their peers ! Is Texas a free state is the questian ?

LOL ! :celebrate Robin47
 
You must log in or register to reply here.
Top