New Texas firearms legislation
Posted: Thu Jan 03, 2013 5:53 pm
I realize this may be a lot for my first post and since I didn't find an introductions section I will introduce myself here. My name is Stephen, I have had my CHL for about 6 months and have been shooting most of my life. I've been a member of Texas Gun Talk for a little over a year and it has really helped me to keep up with the political aspects of gun ownership.
With the recent events combining with an overly hostile attitude towards firearms in Washington I find that we are in for the fight of our lives, at least for those who were young enough to not to have bore the effects of the last AWB. I have been very active in contacting my representatives and voice my concerns but I fear that may not be enough to hold the federal government at bay. Which is why South Carolina has caught my attention.
This could be a pipe dream but I have been looking in to the legislation several states have used in an attempt to nullify any federal bans, went a little deeper in to SCs proposed bill SB85. The bill is founded on Article 1 Section 20 of South Carolina's state constitution and the tenth amendment of the american constitution.
If this were to be done in Texas it would likely be founded on Article 1 Section 1 of our state Bill of Rights:
FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
And Article 1 Section 23 of our Bill Of Rights:
Sec. 23. RIGHT TO KEEP AND BEAR ARMS. 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.
Now if we were to look at the Tenth amendment to the US bill of rights it says:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And the Second amendment:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,
The second amendment guarantees the people's right to keep and bear arms and gives no authority to the United States government to regulate them. The tenth amendment would put that authority in the hands of the states(to a degree, as long as there were no infringements on the 2nd amendment). Texas article 1 sec.1 States that Texas is only subject to the laws set forth in the US constitution and Art. 1 Sec 23 states that every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state and the only power the legislative branch has is to regulate the wearing of arms(CC as I am understanding it).
It seems to me that these ideas set forth in the Texas and US bill of rights leave the door open for a bill to be introduced which would nullify any federal bans(should they pass) and guarantee the rights of Texas citizens. All based on the lack of authority granted to the federal government by the US constitution and the explicit right granted to the people of Texas by our own bill of rights.
I would like to see what kind of support this type of bill might be able to get and what the avenue would be to have something like this introduced.
Please don't critique my writing abilities too much, I'm more interested in the idea this represents.
I look forward to your opinions
Stephen
With the recent events combining with an overly hostile attitude towards firearms in Washington I find that we are in for the fight of our lives, at least for those who were young enough to not to have bore the effects of the last AWB. I have been very active in contacting my representatives and voice my concerns but I fear that may not be enough to hold the federal government at bay. Which is why South Carolina has caught my attention.
This could be a pipe dream but I have been looking in to the legislation several states have used in an attempt to nullify any federal bans, went a little deeper in to SCs proposed bill SB85. The bill is founded on Article 1 Section 20 of South Carolina's state constitution and the tenth amendment of the american constitution.
If this were to be done in Texas it would likely be founded on Article 1 Section 1 of our state Bill of Rights:
FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
And Article 1 Section 23 of our Bill Of Rights:
Sec. 23. RIGHT TO KEEP AND BEAR ARMS. 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.
Now if we were to look at the Tenth amendment to the US bill of rights it says:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And the Second amendment:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,
The second amendment guarantees the people's right to keep and bear arms and gives no authority to the United States government to regulate them. The tenth amendment would put that authority in the hands of the states(to a degree, as long as there were no infringements on the 2nd amendment). Texas article 1 sec.1 States that Texas is only subject to the laws set forth in the US constitution and Art. 1 Sec 23 states that every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state and the only power the legislative branch has is to regulate the wearing of arms(CC as I am understanding it).
It seems to me that these ideas set forth in the Texas and US bill of rights leave the door open for a bill to be introduced which would nullify any federal bans(should they pass) and guarantee the rights of Texas citizens. All based on the lack of authority granted to the federal government by the US constitution and the explicit right granted to the people of Texas by our own bill of rights.
I would like to see what kind of support this type of bill might be able to get and what the avenue would be to have something like this introduced.
Please don't critique my writing abilities too much, I'm more interested in the idea this represents.
I look forward to your opinions
Stephen