Poll: Do you think the Texas Legislature supports open-carry

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Do you believe that a majority of the Texas House and Texas Senate support licenced open-carry?

Poll ended at Thu Dec 13, 2012 6:53 pm

I don't know
Total votes: 131

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Re: Poll: Do you think the Texas Legislature supports open-c

Postby WildBill » Mon Dec 10, 2012 7:59 pm

I voted, I don't know because I really don't know if the Texas Legislature supports open-carry. I am not going to rant because I think our legislature is more pro-gun than most other states. For that I am thankful. :tiphat:
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Re: Poll: Do you think the Texas Legislature supports open-c

Postby SA-TX » Mon Dec 10, 2012 9:17 pm

smoothoperator wrote:
SA-TX wrote:
tarkus wrote:Based on recent legislative sessions, it looks like they're not as gun friendly as legislators in Arizona, New Mexico, Utah, Colorado, Oklahoma...

Only judged by bills passed, perhaps, but believe most members are pro-2A. The problem is that few reach final votes. Those pro-2A bills that do pass. A few, powerful, members & others dominate issues (redistricting, budget deficits, voter ID) have consumed the precious time available in recent sessions (which only happen every 2 years).

Results ARE what ultimately matters but I think judging the membership as a whole only by this criteria might not take into account all relevant factors which normal members do not control.

They have time to pass resolutions wishing individuals happy anniversary and happy birthday, so lack of time doesn't pass the sniff test. If a bill was important to the party controlling the house, senate and executive branch, it would pass. I voted accordingly.

Just my opinion, but I'd say those are pro-forma items passed by voice votes as committees are meeting. They don't take time away from debating more important bills.

"The party controlling ..." and the membership at large are two different things. If you put aside the institutional processes -- that I maintain is the primary blocker to progress -- what pro-gun legislation has been defeated by member votes? None that I'm aware of.

I agree with you that when something is a high enough priority our Legislature gets it done, meaning major pro-gun changes haven't reached that level consistently. What I'm addressing is that the average member doesn't get to make those decisions. They are controlled by a very small group whose views may not be representative of the membership at large. Take an extreme example: do you think the Speaker or Lt. Gov. could kill a bill even if it had substantial support? I do. In other words, the leaders decide that the bodies vote on and the # of pro-gun bills sent to the floor can be attributed to their decisions not to the members being insufficiently pro-gun.


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Re: Poll: Do you think the Texas Legislature supports open-c

Postby Richard_B » Wed Jan 23, 2013 7:57 pm

Both the Texas Declaration of Independence and Constitution (Article 1, Sec 2) declare that all political power is inherent in the people.

"Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient."

The Texas Supreme Court has ruled that this provision is not self-enacting and that it is incumbent upon the legislature to pass enabling legislation despite the unequivocal language "as they may think expedient" in respect to Iniative, Referendum and Recall. Further, the Court did not issue a Writ of Mandamus reqiring the Legislature to do so.

(If you are ever at the South entrance of the Capitol, take a look to your left and you will see this inscribed on the State Archives building.)

The point of this is that neither the Legislature nor the Courts have ever greatly concerned themselves with anything which reduces their powers, even when the Constitution mandates it.

Is it any wonder that the Legislature and the Courts give short shrift to Article 1, Section 23?

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