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by Darwood
Sat Dec 13, 2008 12:43 am
Forum: General Texas CHL Discussion
Topic: open carry and chl limitation
Replies: 59
Views: 8546

Re: open carry and chl limitation

HGWC wrote: Of course. Whether anyone ever does, it's our right. Texas voters passed an amendment to our state constitution in 1876 to limit the legislature infringing keep and bear and to repeal the 1871 ban on public firearm possession. The 1871 law disarmed and oppressed the people and set up a police state that ended only with the armed removal of the Governor from the state capital in 1873. Yet the law still exists. It's a wrong that still needs to be corrected.
Do you have more information on this or know where I can find more information on these events? This is something I've been wanting to know more about for some time.
Charles L. Cotton wrote: No flame here and I agree with some of what you are saying. As originally written, all of the Constitution applied solely to the federal government. However, the Fourteenth Amendment changed that and the Supreme Court has selectively applied the safeguards of the U.S. Constitution to the States. As yet, this has not been done with the Second Amendment and, in fact, the Cruickshank decision (1875) expressly said it applied only to the federal government. As noted by Justice Scalia in Heller however, the Cruickshank Court also held the First Amendment only applied to the federal government. This is a very clear signal that the Second Amendment will be "incorporated" to the states through the Fourteenth Amendment.
I still can't believe the entire Cruickshank decision hasn't been overturned yet. It was probably one of the worst Supreme Court decisions to date.

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