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Open Carry in Texas Update????

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
The intent of Article 1, Section 23 of the Texas Constitution is PERFECTLY clear to any objective mind when read in the context of the discussions chronicled in the 1876 Journal . The only concern addressed by "...but the Legislature shall have power under law to regulate THE WEARING OF ARMS"... (as in on, about, OR UNDER one's CLOTHING = concealed!!!)

Interestingly under the Texas Constitution , except for the express power provided to the State government by Section 23 " to regulate the wearing of arms "(CONCEALED CARRY) the right to keep & bear arms in Texas is excluded from the State's governmental powers.

The 51 constitutions comprising the law of the land within the several United States of America are essentially LEGAL COMPASSES intended to assist this constitutional republic in maintaining a steady political course - rather than having to resort to cyclical revolutions.

The political winds may blow this nation off course for a time, but adjustments will inevitably be made.
The body politic( hopefully) comprised of our aggregate common sense will ultimately persevere.

This republic is currently enduring a constitutional crisis like none before it. Nonetheless our Republic will survive - and become stronger.

I refer to the ever-growing realization that one of those "undocumented" (illegal) aliens is currently occupying the White House, and neither the federal judiciary, or the Congress apparently has the courage and fortitude to tender an eviction notice.

We the People will have to effect the eviction in November.
 
Last edited:

CrimsonSoul

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Mar 17, 2009
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, ,
Ah probably can't see it on an iPhone that's probably why


Sent from my iPhone using Tapatalk
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
It has been stated before, but it warrants repeating -

The only power that the Texas legislature has relating to the RTKBA is to regulate the wearing of arms- whether it be the category of arms worn, the manner/style of arms worn , the location in which they are worn, the day/hour they are worn, or WHO may NOT wear them.

For 119 years the Texas Legislature did not regulate the above aspects of the actual "wearing" of arms, but chose rather to regulate particular classes of arms ( handgun, "illegal" knives, clubs, etc- all readily concealable)

Public possession of a handgun still remains a statutory criminal offense subject only to certain specified exceptions in Texas( CHL, sporting, traveling) even though the legislature has no legitimate constitutional power to regulate anything beyond the aforementioned "wearing" of a handgun- which "wearing" has of course been defined by Texas courts to be possession on, or about one's person- whether actually "worn" or not.

So in 1995 the Legislature voted in favor of a licensing program to allow for the CONCEALED wearing of handguns - even though there was and still is no State statute expressly prohibiting the wearing of a CONCEALED handgun - only a statute prohibiting the "wearing" of a handgun at all except under certain specific circumstances.

My point is this - the CHL is a license allowing a person to do something that the Texas Constitution says they can already do. What the CHL really does is restrict that "something" a person already has a lawful right to do- by mandating that the "something" be hidden from public observation. This essentially stands the intent of Article 1, Section 23 of the 1876 Texas Constitution completely on its head.

I guess I feel compelled to regurgitate the above thoughts every so often in the hope that someone will "turn the lights on " in the Texas Capitol in January 2013.
 
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