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To: Gilbo_3

TX State Constitution
AART 1, SEC. 23. — 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.

Given that the legislature may regulate the WEARING of arms, the State cannot in in any given situation prohibit both open and concealed carry without violating the first clause. And in no way does the above prohibit places one may KEEP arms (such as in vehicles) nor authorize the legislature to create prohibited places.


16 posted on 09/04/2011 2:41:08 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

“TX State Constitution
AART 1, SEC. 23. — 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.

Given that the legislature may regulate the WEARING of arms, the State cannot in in any given situation prohibit both open and concealed carry without violating the first clause. And in no way does the above prohibit places one may KEEP arms (such as in vehicles) nor authorize the legislature to create prohibited places.”

Can’t say I find that interpenetration particularly disagreeable.

Although I would point out that “the wearing of arms with a view to prevent crime.”

does seem to express a power to prohibit the wearing of arms in specific locations or manners.

Truth be known I think We should amend the Texas Constitution to be a bit more strait forward.


18 posted on 09/04/2011 3:34:15 PM PDT by Monorprise
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