More important than the statutes is the state constitution, where in Texas, it was amended in 1876 to limit the legislature's power to restrict our rights. Specifically, they amended the guarantee on to keep and bear arms to limit the legislature's power to only regulate the wearing of arms with a view to prevent crime.
Originally Posted by NavyLT
In 1869, it was amended to give the legislature, for the first time, power to regulate keep and bear "as the Legislature may prescribe." With that, we got the odious 1871 ban on bearing arms including not only handguns but the famous Bowie knife. We got a despot governor, a disarmed citizenry, loss of freedom of speech, armed thugs at polling places, and countless other serious grievances against the government. Then they had elections in 1873 for the first time since the civil war. Davis lost, and they had to remove the despot governor from the capital at gunpoint. As a result, the legislature was stripped of it's power in 1876 on numerous fronts including keep and bear.
Yet the 1871 law is still on the books. That doesn't make it constitutional or good law, and it never will be. Proposals to add the words "prohibit" and regulate were defeated in the constitutional convention of 1875. They can regulate the wearing of arms, but they can't prohibit the wearing of arms. The 1871 not only prohibits the wearing of arms, it prohibits the bearing of arms altogether. The constitution of 1876 no longer allows the legislature that power over the people. The 46.02 law is unconstitutional, and it will never be good law.
Stephen P. Halbrook makes a very good case for challenging this Texas law. It's excellent reading.
Lose your gun? No no. Wearing. They can only regulate the wearing of arms. You get to keep them.
Originally Posted by dukalmighty
Care to be the test case on this one?
Originally Posted by dldeuce
I lived in West Texas in the late 90's. Far West Texas. I always found it very interesting that open carry was pretty common. Not only did pretty much all of the plain clothes LEO's open carry with a badge in front of it, but I regularly saw citizens wearing guns. I never once saw a LEO hassle, or even question, them about it. Not to say it never happened, but I never saw it. I wonder if that attitude still prevails in High Sky Country?
Be a test case by running out and getting myself arrested? No. Not me. That doesn't make it good law. It will never be good law. Be a test case by filing court cases like was done in Heller and MacDonald? Sure, I'd love to be a test case if I had the money and the backing of a good 2nd amendment lawyer. Without that, I'll just keep expressing my opinion on the matter, and starting this year, I suspect we'll start to see a lot more people speaking out against these unconstitutional state laws.
The 2nd amendment is going to be incorporated against the states this year. The Texas ban on public bearing not just of handguns but other arms as well won't survive. It will be a great opportunity to argue the case against both the state and the federal constitutions. In fact, why not learn our lesson and re-instate our constitution with what our ancestors fought and died for at the Alamo, our original state constitution, and our federal constitution. Keep and bear shall not be infringed by Texas bureaucrats, no buts, and no exceptions. I suspect that may be happening around the country as well.