Rush Creek
Regular Member
imported post
I've been doing a little digging into the history behind the Texas "handgun issue". Not that I've uncovered anything startling or heretofore not covered - just a refeshing for myself I guess.
What is obvious is that the 1871 Texas legislation is in keeping with efforts by the other former ConfederateStates of America to restrict the ability of freedmen to possess firearms in general, and when that failed by the ratification of the 14th Amendment- by default to endeavor to hampertheir ability to carry handguns. Beyond that selective application - it did not hinder anyone else's ability to "open carry".
It is absolutely ludicrous to invision anyone living in or traveling through Texas (especially West or South Texas, or the Rio Grande Valley)in the 1870's to refrain from wearing a Colt Navy .44, or any other substitute on their hip, tucked inside their belt, or coat pocket. The history of exercising the right to keep and bear armsin Texas has been -and continues to be a work in progress. This is not a right subject to the grant of privilege from either State or federal government.
It is well to remember that post -Civil War "civilized Texans" lived in East Texas primarily. Liberty, Columbus, Houston, Galveston. Beaumont, and Eastward. You would have had a hard time convincing folks in San Angelo, San Antonio, Gonzales, Fannin, Goliad, etc to not wear a side-arm.
Everything West of the Brazos was the frontier. "Law enforcement " was an individual responsibility. There were few "cry babies" running to the "law" (if they couldlocate such an entity ) The Comanchees weren't paticularly deterred by the legislative acts emanating from Austin. . I once owned a parcel of land in Mason County that was a Comanchee "bivouac area". During the 1880's a wagon load of white" settlers wasambushed and slaughtered 8.5 miles North-East of Mason , Texas and the ambush occurred adjacent to my property. I lived there for some years . I visited the Comanchee campfire sites - still stained by the blackened charcoal. This is a documented historical fact. Now do you really think these settlers were even aware of Title 10, Chapter 46 , sec. 46.02 ? If they had been - would they have left their Colts at home in deferrence to Austin'sinfinite wisdom ?
I'll go further than that. Very few LEO's or citizens in West Texaswere of the opinion that mere "possession of a handgun" itself constituted a "crime" until Slick Willie was elected and the gun-grabbers seized the moment to advance their unconstitutional schemes. Check out the 1995 flood of gun laws at the federal and state level. That's when Title 10, Chapter 46, sec. 46.02 was "rediscovered", and given a front-row seat by law enforcement - primarily inHarris County. That's where most law-abiding handgun"possessors" were arrested prior to the 1995 passage of the Texas CHL .
I've said this before -in the absence of criminal intent- the carrying, wearing, bearing of a handgun in Texas IS NOT ILLEGAL. Title 10, Chapter 46, sec.46.02 addresses CRIMINAL CONDUCT. Now- best be aware that "unnecessarilythreatening the public with the wearing, bearing, carrying of any firearm (or other weapon)" is prima facie criminal conduct.
I've come to the conclusion that freedom seeking Texans should not be begging the legislature to "allow" them to wear displayed handguns lawfully. It's already"legal" to wear a handgun lawfullyin Texas. Being respectful of the property rights of others,prudence, and reasonable judgement as to where, when , and perhapsHOW to present one's self in an armed condition maybe challenging - but still a worthy, and acceptable undertaking.
The Supreme Court in Heller v DC laid out some foundational arguments for treatment of Title 10, Chapter 46, sec. 46.02 as only applicable to criminal conduct. Hanguns are the "quintessential self-defense weapon" the possession, and carrying of which is protected by the U.S. Constitution , as well as the Texas Constitution for the lawful purpose of self-defense. Texas does not (yet) criminalize concealed carry of a handgun - surprisingly.
I refuse to suffer further grief over this conjured up myth that OC is illegal in Texas.I have , and will continue to press the envelope of public tolerance for my displayed handgun, with prudent regard for the social environment. I've been practicing what I preach for some time already without any problem. Until folks realize that this right is not something Austin can bestow upon usthere will be no progress. Stop begging -start exercising. Let's bide our time, keep up the pressure, as we await the Supreme Court's long over-due "incorporation" of theSecond Amendment.
I've been doing a little digging into the history behind the Texas "handgun issue". Not that I've uncovered anything startling or heretofore not covered - just a refeshing for myself I guess.
What is obvious is that the 1871 Texas legislation is in keeping with efforts by the other former ConfederateStates of America to restrict the ability of freedmen to possess firearms in general, and when that failed by the ratification of the 14th Amendment- by default to endeavor to hampertheir ability to carry handguns. Beyond that selective application - it did not hinder anyone else's ability to "open carry".
It is absolutely ludicrous to invision anyone living in or traveling through Texas (especially West or South Texas, or the Rio Grande Valley)in the 1870's to refrain from wearing a Colt Navy .44, or any other substitute on their hip, tucked inside their belt, or coat pocket. The history of exercising the right to keep and bear armsin Texas has been -and continues to be a work in progress. This is not a right subject to the grant of privilege from either State or federal government.
It is well to remember that post -Civil War "civilized Texans" lived in East Texas primarily. Liberty, Columbus, Houston, Galveston. Beaumont, and Eastward. You would have had a hard time convincing folks in San Angelo, San Antonio, Gonzales, Fannin, Goliad, etc to not wear a side-arm.
Everything West of the Brazos was the frontier. "Law enforcement " was an individual responsibility. There were few "cry babies" running to the "law" (if they couldlocate such an entity ) The Comanchees weren't paticularly deterred by the legislative acts emanating from Austin. . I once owned a parcel of land in Mason County that was a Comanchee "bivouac area". During the 1880's a wagon load of white" settlers wasambushed and slaughtered 8.5 miles North-East of Mason , Texas and the ambush occurred adjacent to my property. I lived there for some years . I visited the Comanchee campfire sites - still stained by the blackened charcoal. This is a documented historical fact. Now do you really think these settlers were even aware of Title 10, Chapter 46 , sec. 46.02 ? If they had been - would they have left their Colts at home in deferrence to Austin'sinfinite wisdom ?
I'll go further than that. Very few LEO's or citizens in West Texaswere of the opinion that mere "possession of a handgun" itself constituted a "crime" until Slick Willie was elected and the gun-grabbers seized the moment to advance their unconstitutional schemes. Check out the 1995 flood of gun laws at the federal and state level. That's when Title 10, Chapter 46, sec. 46.02 was "rediscovered", and given a front-row seat by law enforcement - primarily inHarris County. That's where most law-abiding handgun"possessors" were arrested prior to the 1995 passage of the Texas CHL .
I've said this before -in the absence of criminal intent- the carrying, wearing, bearing of a handgun in Texas IS NOT ILLEGAL. Title 10, Chapter 46, sec.46.02 addresses CRIMINAL CONDUCT. Now- best be aware that "unnecessarilythreatening the public with the wearing, bearing, carrying of any firearm (or other weapon)" is prima facie criminal conduct.
I've come to the conclusion that freedom seeking Texans should not be begging the legislature to "allow" them to wear displayed handguns lawfully. It's already"legal" to wear a handgun lawfullyin Texas. Being respectful of the property rights of others,prudence, and reasonable judgement as to where, when , and perhapsHOW to present one's self in an armed condition maybe challenging - but still a worthy, and acceptable undertaking.
The Supreme Court in Heller v DC laid out some foundational arguments for treatment of Title 10, Chapter 46, sec. 46.02 as only applicable to criminal conduct. Hanguns are the "quintessential self-defense weapon" the possession, and carrying of which is protected by the U.S. Constitution , as well as the Texas Constitution for the lawful purpose of self-defense. Texas does not (yet) criminalize concealed carry of a handgun - surprisingly.
I refuse to suffer further grief over this conjured up myth that OC is illegal in Texas.I have , and will continue to press the envelope of public tolerance for my displayed handgun, with prudent regard for the social environment. I've been practicing what I preach for some time already without any problem. Until folks realize that this right is not something Austin can bestow upon usthere will be no progress. Stop begging -start exercising. Let's bide our time, keep up the pressure, as we await the Supreme Court's long over-due "incorporation" of theSecond Amendment.