I thought OC was a no-no in Texas?? - Page 2

I thought OC was a no-no in Texas??

This is a discussion on I thought OC was a no-no in Texas?? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by NavyLT I believe he told you the absolute truth. He was within his rights to be armed, without having to pay the ...

Page 2 of 2 FirstFirst 12
Results 16 to 20 of 20
  1. #16
    Senior Member Array dldeuce's Avatar
    Join Date
    Oct 2008
    Location
    Houston
    Posts
    844
    Quote Originally Posted by NavyLT View Post
    I believe he told you the absolute truth. He was within his rights to be armed, without having to pay the state a tax to obtain the state's permission to do so. However, being within one's rights has no bearing on whether or not that action is legal according to state statutes.
    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.

    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.


  2. #17
    Senior Member Array dldeuce's Avatar
    Join Date
    Oct 2008
    Location
    Houston
    Posts
    844
    Quote Originally Posted by dukalmighty View Post
    Good way to lose your gun and get a hefty fine/lawyer fees
    Lose your gun? No no. Wearing. They can only regulate the wearing of arms. You get to keep them.

  3. #18
    VIP Member Array farronwolf's Avatar
    Join Date
    Aug 2006
    Location
    Texas
    Posts
    4,788
    Quote Originally Posted by dldeuce View Post
    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.
    Care to be the test case on this one?
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
    www.ddchl.com
    Texas CHL Instructor
    Texas Hunter Education Instructor
    NRA Instructor

  4. #19
    Senior Member Array TheGreatGonzo's Avatar
    Join Date
    Dec 2004
    Posts
    1,086
    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?
    Gonzo
    "Skin that smokewagon!".

  5. #20
    Senior Member Array dldeuce's Avatar
    Join Date
    Oct 2008
    Location
    Houston
    Posts
    844
    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.

Page 2 of 2 FirstFirst 12

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Here's A Scary Thought....Texas?
    By mprp in forum Concealed Carry Issues & Discussions
    Replies: 19
    Last Post: July 18th, 2010, 05:32 PM
  2. Thought for the Day
    By JonInNY in forum Off Topic & Humor Discussion
    Replies: 6
    Last Post: June 25th, 2008, 10:58 AM
  3. Texas Members: Please Contact Texas Senator Kay Bailey Hutchinson
    By Rock and Glock in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: June 29th, 2007, 06:34 PM
  4. Texas HB 1815: Texas Residents - Please Act!
    By Rock and Glock in forum The Second Amendment & Gun Legislation Discussion
    Replies: 2
    Last Post: May 17th, 2007, 10:00 PM

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors