The History of Gun Rights In Texas

[baldeagle]

For those who are interested in this subject, the following exposition might be very helpful. It discusses the development of the right through the four Constitutions of Texas as well as legislative attempts (some successful) to restrict that right. It might also be helpful to see the 1871 laws that prohibited the carrying of arms in Texas.

In the 1800's the greatest concern of the founders and legislators was the concealment of weapons. Now it's exactly the opposite. Funny how things change.

[baldeagle]

Another great concern was the Bowie knife, which was thought to be a very dangerous weapon.

The right to carry a bowie-knife for lawful defense is secured, and must be
admitted. It is an exceeding destructive weapon. It is difficult to defend against it, by
any degree of bravery, or any amount of skill. The gun or pistol may miss its aim,
and when discharged, its dangerous character is lost, or diminished at least. The
sword may be parried. With these weapons men fight for the sake of the combat, to
satisfy the laws of honor, not necessarily with the intention to kill, or with a certainty
of killing when the (pg.648) intention exists. The bowie-knife differs from these in its
device and design; it is the instrument of almost certain death. He who carries such
a weapon, for lawful defense, as he may, makes himself more dangerous to the rights
of others, considering the frailties of human nature, than if he carried a less
dangerous weapon .... May the state not say, through its law, to the citizen, 'this right
which you exercise, is very liable to be dangerous to the rights of others, you must
school your mind to forbear the abuse of your right, by yielding to sudden passion;
to secure this necessary schooling of your mind, an increased penalty must be affixed
to the abuse of this right, so dangerous to others.'88

[baldeagle]

In 1861 the Governor tried to inventory private arms, because the state had no inventory and no armory. 40,000 mostly obsolete and useless firearms were reported. IOW, Americans have a long proud history of telling the government to stuff it when it tries to register arms in private hands.

[joe817]

Incredibly interesting baldeagle! Thanks for posting!

[baldeagle]

What struck more than anything when reading this was that Texas was born out of a desire to resist Santa Anna's confiscation of their guns. That was in 1836. Just 35 years later, in 1871, Texans were disarmed by their own legislature. It's taken Texans 145 years to partially restore those rights. It's definitely a cautionary tale. Rights forfeited will not be restored quickly. Better to fight for them before they are stolen than to hope you can win legislatively a few years after they are taken away.

[G.A. Heath]

What struck more than anything when reading this was that Texas was born out of a desire to resist Santa Anna's confiscation of their guns. That was in 1836. Just 35 years later, in 1871, Texans were disarmed by their own legislature. It's taken Texans 145 years to partially restore those rights. It's definitely a cautionary tale. Rights forfeited will not be restored quickly. Better to fight for them before they are stolen than to hope you can win legislatively a few years after they are taken away.

The thing that surprises me is that the haltex document actually discusses how the 1869 elections were "characterized by fraud and force..." especially the fact that legislators who opposed the governor were arrested so that radicals could pass legislation. Talk about dirty tricks, now days we arrest legislators to make them stay in order so that legislation can be passed. When "open carry activists" talk about treason and armed revolution because they are oppressed they have no clue how bad it was in 1869 and the years following, they would have been oppressed right into jail or into the grave while no one would have been able to do anything about it.

[baldeagle]

Yeah, any time someone says politics is dirtier now than it's ever been, I chuckle. You should read what was said about Jefferson back in the day....