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57Coastie wrote:Joe, As I suspected might be the case, getting an answer to my original question would drag into the discussion the elements of reconstruction and discriminatory disarming of ex-slaves, the latter elements being involved in probably all the ex-Confederate states' consideration of 2A at that time.

My cursory review makes me suspect the answer to my question may be somewhat later than 1868, possibly vintage around 1871.

The article you floated, by the way, has a quite interesting discussion about today's hot topic of incorporation by way of the 14th amendment as seen in Texas when the 14th was being considered and then enacted. Fascinating! I expect to see points raised in this article raised in SCOTUS when McDonald comes down. Jim

Coastie, I agree. The 1868 "law" was imposed upon Texas during the oppressive Reconstruction Period, by a corrupt state puppet government installed following the War of Northern Aggression. The 1876 Constitution and ensuing laws replaced the reconstruction constitution. And apparently the laws began popping up banning open carry.

For those interested, Texas has had 8 Constitutions since the formation of the Republic back in 1836:

http://www.tcrf.com/Texas%20History%20- ... Texas.html" onclick="window.open(this.href);return false;

Thanks for the kind words Coastie. I thoroughly enjoyed researching your question. And yes, right there at the end of the treatise, what's written is directly related to McDonald.

57Coastie wrote:

frazzled wrote:SNIP Because its not 1878 on the open range any more?

Can someone out there tell me when, back in the history of our great state, the Texas legislature first prohibited the open carry of unconcealed handguns? Or might it have happened while Texas was a republic?

Thanks much, Jim

Coastie, for some reason your question became compelling to me. I've enjoyed a fascinating afternoon searching for the answer. I've no definitive answer yet, but have come across a very interesting article published in the Baylor Law Review in 1989.

"Thus, the constitutional convention of 1845 established that in Texas, the right to keep and bear arms was considered to be absolute. Bowie knives and Colt pistols could be worn, openly or concealed, without legislative infringement."

Apparently this was reconfirmed by the 1866 Texas constitutional convention in Austin: "...The above civil rights apparently included bearing arms, for unlike other Southern states, Texas did not pass a black code provision disarming freedmen. T. J. Mackay, an ex-Confederate who assisted in the surrender of arms to the Northern army,[113] stated that "a majority of [the freedmen] are armed, and entitled to bear arms under the existing laws of the southern States."[114]".

BUT... The Texas Constitutional Convention of 1868 adopted: "Resolved, That the Convention do order that no person shall hereafter be allowed in this hall, who carries belted on his person, revolvers or other deadly weapons.[133]

To make a short story long.....1868 is your answer.

Sorry folks to make this so long, but this has been THE most educational and fascinating read I've had, almost ever. The article delves into the history of Texas, the fight for Independence, from a RKBA & 2A perspective.

Source: http://www.guncite.com/journals/haltex.html" onclick="window.open(this.href);return false;

If you have a few hours you want to spend learning about Texas, the origin of Texas gun culture, and how we wind up at where we are now, this is a should read for you.

God Bless Texas. (and thanks for taking a look)

Purplehood wrote:Current generations of Americans have been brought up to consider the existing restrictions the norm and with the vast majority being ignorant of our past, have no problem with it.

Very well put Purplehood! I totally agree.