“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.
>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.
I do like New Mexico’s Art II Sec 6:
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
Too bad that the State and Municipal courts flout this regularly (by prohibiting weapons in their courtrooms), I’ve been tossing around the idea of open-carrying into one and then countersuing under various laws, 18USC 241/242 spring to mind.
Perhaps a better version would be something like:
No law shall abridge the right of the citizen to keep and bear arms for security and defense. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.