Article 1, Section 23 [Texas Declaration of RESERVED rights] makes NO DISTINCTION between RIFLES, SHOTGUNS, HANDGUNS, BOWIE KNIVES, or CLUBS. The Texas Constitution makes only TWO DISTINCTIONS regarding the right to BEAR ARMS.
1) Every citizen shall have the right to keep and BEAR ARMS in LAWFUL defense, BUT-
2) the Legislatute shall have power, by law, to regulate THE WEARING OF ARMS , with a view TO PREVENT CRIME. This pertains to the CONCEALMENT of ARMS ONLY.
That is what Texas CONSTITUTIONAL LAW says regarding the right to keep & bear arms.
Article 1, Section 23 -(operative clause)- the RIGHT TO BEAR ARMS
(1) Applies to rifles, shotguns, handguns, Bowie Knives, switchblades, ice picks, butcher knives, and clubs - but is not limited to those arms
Article 1, Section 23 ( provisional clause)- THE WEARING OF ARMS
(2) Applies ONLY TO THE CONCEALMENT OF ARMS FOR CRIMINAL PURPOSE & INTENT.
Now you can counter with what Section 46.02(a) says, and what Section 46.035(a) says, and what some D.A. says, or some judge said - BUT that cites statutes, and case law. ALL statutes are presumed to be CONSTITUTIONAL, and the courts have the obligation to defer to the Constitution in all cases. Therefore Section 46.02 (a) DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE. Section 46.035(a) [failure by CHL holder to conceal handgun] DOES NOT APPLY TO THE BEARING OF ARMS IN LAWFUL DEFENSE.
Those provisions of Texas law address CRIMINAL PURPOSE & INTENT.
Before the sputtering, and stammering begins - ponder for just a moment this question - WHICH LAW is supreme-the Texas Constitution, or the Penal Code. If there is any conflict between the two - which trumps ?
If you standby and allow any public servant to effectively deny your constitutionally declared rights - YOU are the ONE RELINQUISHING THOSE RIGHTS.
Free people do not seek the permission of their respective governments to exercise rights that they already have, and have been LEGALLY declared to be INVIOLATE and EXCEPTED FROM THE POWERS OF STATE GOVERNMENT.
I know - Yeah, BUT - Yeah, BUT...... suit yourselves folks.
You are going to have to reclaim those confiscated rights - by ASSERTING THEM, and being prepared to defend them in a courtroom if need be.
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www.lonestarcdl.org is about reclamation of confiscated rights, and we are fixin' to get busy.
It is time for every citizen who cherished the right to bear arms to "FIRE A SHOT ACROSS THE BOW" of their corrupt legislators, Governor, and judges. None of them will voluntarily restore YOUR RIGHTS.
YOU WILL HAVE TO RECLAIM THEM - OR gradually loose them completely.