Texas Republican Party Supports Restoring Full Right to Bear Arms

Gun Watch ^ | 17 November, 2014 | Dean Weingarten

[marktwain]

Texans marching in support of the right to keep and bear arms

Some people may not know that the Texas revolution for independence against dictatorial rule, like the American revolution, started with an attempt to disarm the citizens.  It is not surprising that when Texas became a state, they had written the right to to keep and bear arms into their constitution.

Prior to the losing the Civil War, or if you prefer, the War Between the States, Texas had one of the strongest right to keep and bear arms protections in its 1845 constitution.  It was:

 "Every citizen shall have the right to keep and bear arms in the lawful defence of himself and the State."

Texas sided with the Confederacy in the War between the States, or Civil War, if you prefer.  They lost, and the carpetbagger government created a new Texas Constitution in 1869.    That Constitution gutted the right to keep and bear arms.

 "Every person shall have the right to keep and bear arms in the lawful defense of himself or the state, under such regulations as the legislature may prescribe."

 In 1872  and 1873, Texas voted out the carpetbagger government.  The Governor begged the federal government for troops to keep him in power, but none were sent.  He fled the governor's mansion as an impromptu militia of armed citizens advanced on it.

The post reconstruction Texas approved of a new Constitution in 1876.  It had stronger protection of the right to keep and bear arms, but left in a crucial loophole for the legislature.  It provided that the legislature could regulate the wearing of arms with respect to fighting crime.

"Every citizen shall have the right to keep and bear arms in the lawful defence 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."

The legislature did not repeal the reconstruction ban on the carrying of arms, and the courts refused to invalidate the law under the 1876 Constitution.   The law was widely used to disarm former slaves and others out of favor with the local authorities.   Democrats would control Texas for over a century.


Republicans have controlled the state since 1999.  They have reformed Texas' restrictive gun laws with many incremental improvements.   Now the Republican Party is calling for fully restoring the constitutional protections lost in 1869 and 1876.  Here is the resolution, from the Texas Republican Party Platform, page 40 (pdf):

RESOLUTION IN SUPPORT OF PRIORITIZING CONSTITUTIONAL CARRY LEGISLATION 

We call upon the 84th Texas Legislature to propose to the people of Texas a constitutional amendment to strike “; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime” from Article I, Section 23 of the Texas Constitution. Further, we request the State Party Chair and the State Republican Executive Committee consider adoption of such an amendment and other legislation necessary to remove restrictions on Texans' right to own and bear arms a legislative priority for the Republican Party of Texas for the 2015 legislative session and to utilize reasonable Party resources necessary to promote and support their passage.

The platform was released in June, 2014.  This is a strong statement of support for the right to keep and bear arms in Texas.  Notably, several nearby states have been on the same path.   Louisiana strengthened their constitutional protections in 2012.   Oklahoma narrowly missed putting a stronger protection of the right to keep and bear arms on the ballot this year; it died in legislative maneuvers after getting strong support.  Missouri passed a strengthened amendment in 2014, and Alabama did the same.   These amendments to strengthen the right to keep and bear arms passed by overwhelming majorities of the electorate.  

Governor elect Greg Abbott has said that he will sign constitutional carry legislation if it reaches his desk.

Texas Republicans now have strong majorities in both houses and control all the statewide offices.   The state Senate has 20 Republicans to 11 Democrats.  The State House has 98 Republicans and 52 Democrats.   To put a constitutional amendment on the ballot, a joint resolution of both houses of the Texas legislature is required.   It needs 100 votes in the House, and 21 votes in the Senate.   If all Republicans vote for this measure, it would require them to convince one Democrat state Senator, and two Democrat state Representatives.

That does not sound like an impossible task.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.    Link to Gun Watch

[magna carta]

I am not a troll I’m an activist who is speaking truth here. Working for YOU FOR FREE. I am all about action here. I’ve been on immigration full time for eight long years.
Abbott is for distractions like what you see in this story...not for you.
TEXAS IS UNDER INVASION!!!!!!!!!

[Nervous Tick]

>> Working for YOU FOR FREE.

Thanks, but you don’t work for me. I don’t hire ignorant bombastic jackasses for any job at any price, no matter how low they go. That type tends not to be effective, except in the fever swamps of their own minds.

Maybe Anus King (did I spell that right?) will let you work for him as an intern up there in Maine. I think they favor your type up that way.

[MeatshieldActual]

The State Penal Code, Chapter 46, Section 46.05 “Prohibited Weapons” needs to be either amended or stricken as well. Has the Texas Republican party announced intent to legalize NFA items within Texas?

[Vendome]

[CodeToad]

“I’ve been on immigration full time for eight long years.”

A whole 8 years, huh? Why so late to the party?

[magna carta]

You sure are loyal to the elites over the people who are down on the ground fighting for this country. Do you see any FIGHT EMERGING FROM THIS MAN???
You can hurl insults around at me all you want DOLT!!! but rest assured Abbott will continue the tradition of crony capitalism in this state. This means NO ENFORCEMENT!!!!!!
Watch and see.......

[MeatshieldActual]

Look up HB 176 by State Rep. Tim Kleinschmidt, the language appears to nullify the NFA. but the bill fails to mention any revision or repeal of the Penal Code Section 46.05 “Prohibited Weapons”. Ironically, the only way for Texans to own NFA items right now is with Federal permission.

The intent of the Second Amendment is absolute, all conventional weapons in common military use are the right of the people.

[Nervous Tick]

>> I live on the family farm and carry as I see fit.

On property you own (or control), it is not unlawful to carry, open or concealed.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm

(see 46.02)

[Nervous Tick]

Your thoughtful post is duly noted, and properly filed.

[JRandomFreeper]

Straus is next on the agenda. We just got rid of Dewhurst.

And Straus has much less cover now that Dewhust and crowd are gone.

/johnny

[waterhill]

I also take it further than the farm and never get pulled over. Maybe its because they know me and trust is involved. But I do carry concealed in local stores while driving the farm truck, take a ranch dog with me sometimes as long as its not the Brookshire’s/Grocery. Like I said, I am extremely rural.

[JRandomFreeper]

Do you see any FIGHT EMERGING FROM THIS MAN???

Yep. Saw lots of it when he was State AG.

He'll do just fine, now, you wonder on down the road, troll.

/johnny

[MrB]

A few people walking around with bazookas oughta deter tyranny pretty handily.

[Nervous Tick]

>> I also take it further than the farm and never get pulled over. &etc

It’s pleasant out in the country, isn’t it?

Moved from the “big city” to rural Central Texas several years ago. I won’t be going back. :-)

[magna carta]

Posturing....he will defend only. he will not do jack...he called the tea Party in Texas “toxic” did not attend any Tea Party meetings. Now he will hide behind Strauss as we are overrun with IA’s.
Where is his brief in fighting back the UAC invasion wiping out the state’s resources?
What did he really do as AG?...friend of the court brief for AZ, right?

Don’t be a sucker...he is a total FAKE!

[waterhill]

Lol, I also take Kiowa (ranch dog) in with me to the WalMart and lie my ass off and tell them she is a service dog (no harness, lol) see a Dep or Constable in there and they talk to her and pet her and ask me about my parents and what the deer and hogs are doing! Sole trust as it should be. I love my little town life!

[JRandomFreeper]

Bite me. You are an idiot that has no clue about Texas politics.

/johnny

[Dead Corpse]

So... Lubbock is looking really good right now...

[Dead Corpse]

The deterrent factor only works if you use it.

Just sayin’...

Let’s hope it doesn’t get that far.

[jsanders2001]

It’s more important that our soldiers realize what they are doing when ordered to fire on civilians without just cause hence the reason for the huge buildup of the DHS which is staffed by a large percentage of minorities. I think they were put into this very position to counter soldiers that would turn against their own government when asked to do something that is reprehensibly wrong to serve the interests of evil and it’s cronies.