Is the Prohibited Places section constitutional as applied
Posted: Tue Dec 18, 2012 11:23 pm
Has there ever been a court challenge to the Places Weapons Prohibited section of the Penal Code regarding long arms?
The crux of my question boils down to the Texas Constitution's language. The Legislature may regulate the wearing of arms ... but that seems to exclude long guns based on the lack of statutes mentioning them and the frequent references here to populated gun racks, that open carry of them is legal, etc. (but I can't find a case from the TxSC or CCA saying so however).
Like the recent post about knives, I'd love to see this section cleaned up (even if CHL holders become exempt from its operation).
SA-TX
The crux of my question boils down to the Texas Constitution's language. The Legislature may regulate the wearing of arms ... but that seems to exclude long guns based on the lack of statutes mentioning them and the frequent references here to populated gun racks, that open carry of them is legal, etc. (but I can't find a case from the TxSC or CCA saying so however).
Like the recent post about knives, I'd love to see this section cleaned up (even if CHL holders become exempt from its operation).
SA-TX