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PATHFINDER wrote:Texans wouldn't still be having their ARTICLE 1, SECTION 23 declared right to bear arms suppressed by a transgressing State government if Texas judges had taken it upon themselves to exercise due diligence in the performance of their constituted duties during the last 136 years.

A point of factual information for the benefit of any who are convinced that rifles & shotguns are somehow excepted from this regulatory power provision of Article 1, Section 23 ...

"The wearing of arms" is a term applied in Article 1, Section 23 that pertains to the custom of habitually transporting a deadly weapon on one's person. That includes, by the way - inside of , or under clothing, hand-carried, or within reach of one's person. stowed inside of "carpet bags", and YES - even long-guns slung over the shoulder, or simply grasped in one hand -IF THE WEAPON WAS CARRIED HABITUALLY.

But I believe the question was.....why do I assert that " this wearing of arms" regulatory provision only applies to CONCEALMENT?

Well... the handgun prohibition was first enacted in 1871 -right ? The Texas Constitution was adopted in 1876 - right ?

Now - could a reasonable person come up with any logical explanation as to WHY...... the " wearing of " (REMEMBER- as in habitual carry) of rifles & shotguns hasn't been restricted post-1876 ? Could it possibly be due to the fact that rifles & shotguns are not readily CONCEALABLE ??? Remember pickup gun racks ? (back in the days when one's parked vehicle was considered a fairly "safe" place to stow things)

I don't know why I insist upon trying to sell air conditioners to " Eskimos"- I really don't.

Perhaps it's because I lived with them dang "Eskimos" for 45 years , and I still regularly "travel" within their "Republic", and it saddens me that they are so content with having to trade their right for a privilege.

PATHFINDER wrote:I am a former Texas resident who now lives in Colorado where that State's constitution also reserves the right to bear arms- subject only to an exception for the practice of carrying concealed weapons.

In Texas Section 46.02(a) defines as a "crime" the very exercise of that State's own constitutionally declared right cited in Article 1, Section 23 of the State's constitution.

This is in spite of the fact that Article 1, Section 23 of the Texas Constitution declares that regulation of the right to keep & bear arms is OFF LIMITS to the high powers of the State government - except for the power granted to the legislature to regulate the "wearing of arms with a view to prevent crime" . No distinction is provided therein pertaining to specific categories of arms(rifles vs handguns) - only a provision for regulation by the legislature of the "wearing of arms".

Historically, and constitutionally the "wearing of arms" provision referred to in Article 1. Section 23 pertains to the practice of concealing deadly weapons - just as the Colorado Constitution excepts the carrying of concealed weapons from that State's recognition of the right to bear arms. The somewhat peculiar reference to the "wearing of arms" in the Texas Constitution equates to the concealment of arms addressed in most other state constitutions of that time. Wearing of arms is simply another way of addressing concealment of arms inside of , under, about or hidden among one's clothing or carry-alongs .

The movement to remedy this error in Texas only seeks the decriminalization of behavior that is protected by the State's constitution. Once this is accomplished folks can continue to make their own call as to conceal or not.

Two sections of the Texas Penal Code are inconsistent with Article 1, Section 23 of the Texas Constitution-
Section 46.02(a) which violates the Article 1, Section 23 provision empowering the legislature to regulate ONLY the CONCEALMENT of arms, and the Section 46.035(a) provision (intentional failure to conceal) which exceeds the limited legislative power to regulate concealment.

The fact that case law in Texas has yet to recognize these two constitutional inconsistencies - is a large part of the problem in Texas because the courts bear the burden of cleaning up the messes left after the Legislature adjourns.

Personal preferences regarding open or concealed carry notwithstanding - the former is a constitutional right in Texas - the latter is not.