PATHFINDER wrote: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".
A good argument can be made that handguns carried in a holster is wearing arms, no matter if it's open or concealed. A rifle or shotgun carried by hand or on a sling is not "wearing of arms" by that standard. However, by that standard, the prohibition against spears is unconstitutional because you don't wear a spear either. I think the real answer is the legislators who passed the law didn't care about the Texas Constitution. Only what they could get away with to stop "those people" from carrying guns and Bowie knives.