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

[GeronL]

good to know!

[JRandomFreeper]

If you recall, during the "Give Dewhurst the Boot" threads, there was a troll here on FR attacking Abbott. One got tracked back to being a writer for Red China and the son of a gubernatorial candidate in Texas.

I suspect there will be lots of attacks by leftists and useful idiots as time goes on.

/johnny

[july4thfreedomfoundation]

“Abbott has filed over 30 lawsuits against the Feds as AG.”

____________________________________________________________

I’m glad to learn that fact, Johnny. After Obama’s vomit-inducing speech tomorrow night, I hope the Governor-Elect files a lot more. When is the swearing in?

/Greg

[JRandomFreeper]

3rd Tuesday of January, according to the Texas Constitution.

/johnny

[GeronL]

I remember that, I forget his name though

[JRandomFreeper]

TexGrill I think, before he changed it. I've got those notes if I need them.

/johnny

[magna carta]

I don’t NEED TO HAUL MY ASS TO MAINE...I can see that Gov. LePage is the real deal and you are worshipping a faker Bush Elitist and resent being reminded of that OBVIOUS FACT. This is why we are in the mess we are in today. Too much naiveté . Watch him...he will defend to save face but do nothing about the gazillions of IA’s employed and driving out Americans from jobs and ransacking our schools. Keep defending the faker....He has EVIL STRAUSS to hide behind.

[JRandomFreeper]

Sounds like you are the clueless one, like you've bought into the Texans for Fiscal Responsibility kind of BS.

Straus has lost power anyway because liberal Republican Dewhurst was defeated.

And Straus hasn't been re-elected Speaker, yet.

You don't even have a clue that Joe Straus spells his name with one s.

I spent time running the "Boot Dewhurst" threads here on FR, and every single candidate got hammered on pretty hard, and Abbott is what we selected, who won, and who will be governor of Texas for the next term.

So get over it, troll, and spread your defeatist BS elsewhere.

/johnny

[Vendome]

I know!

LOL

[magna carta]

Stop your pompous comments. I stated that LePage is what Texans need being a border state under attack. it is clear that Abbott with his Hispanics for Demographic Warfare consultants that he will be just like the other GOPE leaders and support non-enforcement while permitting the illegal hiring to run rampant. He may “sue” over the EO issue but he will not help usher in bills to get at the root of the problem in his state. This is still a Bush-machine state.

[JRandomFreeper]

You don't know any of that, you clueless twit.

Abbott hasn't even been sworn in.

Your persistence in attacking Abbott smacks of either absolute ignorance (which I tend to believe) or mendacity. You aren't the first on FR to attack Abbott or Cruz.

Some of those are no longer here.

/johnny

[JRandomFreeper]

Besides, this article and thread was about the Texas Republican Party platform on firearms, and not about Abbott or illegal immigration.

You are peeing up the wrong rope.

/johnny

[magna carta]

OK..Abbott throws out some red meat on guns while we are on the verge of an arbitrary amnesty...yes it all fits.

[JRandomFreeper]

That's not what this thread is about, genius.

Go find that one. This one is about the Texas Republican Party platform.

Besides, before an amnesty EO, it's on Congress. After a real EO, it's on the States and Congress.

Or did you miss that part of Civics?

/johnny

[JRandomFreeper]

And Abbott can't do a damn thing until he gets sworn in as Governor.

You need to slow down a minute and let things take their course.

Congress is on the hook before an EO is issued. The States are on the hook after an EO is issued.

/johnny

[magna carta]

Perry & Abbott will sue over EO. This is a relief!!!
Now if we can STOP THE HIRING!

[JRandomFreeper]

Wrong thread. Or did you intend to hijack this thread, troll?

/johnny

[magna carta]

just saw it on the news...that’s all.

[Nervous Tick]

>> Your persistence in attacking Abbott smacks of either absolute ignorance (which I tend to believe) or mendacity.

You’re a generous man, Johnny.

I’d vote mendacity.

Here’s a guy who says he “block walked” for Abbott... and then he shows up on this thread pissing on “his” candidate like a dog on a hydrant, before Abbott is even inaugurated? That’s passing strange. Or maybe mendacious?

[magna carta]

We will see what he does in the upcoming session. I doubt much. He dissed many a tea party in this state and largely avoided the issue. He has not come out on sanctuary cities or hammering down on the illegal hiring.