Texas Republican Party Supports Restoring Full Right to Bear Arms

Gun Watch ^ | 17 November, 2014 | Dean Weingarten

[marktwain]

Texans marching in support of the right to keep and bear arms

Some people may not know that the Texas revolution for independence against dictatorial rule, like the American revolution, started with an attempt to disarm the citizens.  It is not surprising that when Texas became a state, they had written the right to to keep and bear arms into their constitution.

Prior to the losing the Civil War, or if you prefer, the War Between the States, Texas had one of the strongest right to keep and bear arms protections in its 1845 constitution.  It was:

 "Every citizen shall have the right to keep and bear arms in the lawful defence of himself and the State."

Texas sided with the Confederacy in the War between the States, or Civil War, if you prefer.  They lost, and the carpetbagger government created a new Texas Constitution in 1869.    That Constitution gutted the right to keep and bear arms.

 "Every person shall have the right to keep and bear arms in the lawful defense of himself or the state, under such regulations as the legislature may prescribe."

 In 1872  and 1873, Texas voted out the carpetbagger government.  The Governor begged the federal government for troops to keep him in power, but none were sent.  He fled the governor's mansion as an impromptu militia of armed citizens advanced on it.

The post reconstruction Texas approved of a new Constitution in 1876.  It had stronger protection of the right to keep and bear arms, but left in a crucial loophole for the legislature.  It provided that the legislature could regulate the wearing of arms with respect to fighting crime.

"Every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have power by law to regulate the wearing of arms, with a view to prevent crime."

The legislature did not repeal the reconstruction ban on the carrying of arms, and the courts refused to invalidate the law under the 1876 Constitution.   The law was widely used to disarm former slaves and others out of favor with the local authorities.   Democrats would control Texas for over a century.


Republicans have controlled the state since 1999.  They have reformed Texas' restrictive gun laws with many incremental improvements.   Now the Republican Party is calling for fully restoring the constitutional protections lost in 1869 and 1876.  Here is the resolution, from the Texas Republican Party Platform, page 40 (pdf):

RESOLUTION IN SUPPORT OF PRIORITIZING CONSTITUTIONAL CARRY LEGISLATION 

We call upon the 84th Texas Legislature to propose to the people of Texas a constitutional amendment to strike “; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime” from Article I, Section 23 of the Texas Constitution. Further, we request the State Party Chair and the State Republican Executive Committee consider adoption of such an amendment and other legislation necessary to remove restrictions on Texans' right to own and bear arms a legislative priority for the Republican Party of Texas for the 2015 legislative session and to utilize reasonable Party resources necessary to promote and support their passage.

The platform was released in June, 2014.  This is a strong statement of support for the right to keep and bear arms in Texas.  Notably, several nearby states have been on the same path.   Louisiana strengthened their constitutional protections in 2012.   Oklahoma narrowly missed putting a stronger protection of the right to keep and bear arms on the ballot this year; it died in legislative maneuvers after getting strong support.  Missouri passed a strengthened amendment in 2014, and Alabama did the same.   These amendments to strengthen the right to keep and bear arms passed by overwhelming majorities of the electorate.  

Governor elect Greg Abbott has said that he will sign constitutional carry legislation if it reaches his desk.

Texas Republicans now have strong majorities in both houses and control all the statewide offices.   The state Senate has 20 Republicans to 11 Democrats.  The State House has 98 Republicans and 52 Democrats.   To put a constitutional amendment on the ballot, a joint resolution of both houses of the Texas legislature is required.   It needs 100 votes in the House, and 21 votes in the Senate.   If all Republicans vote for this measure, it would require them to convince one Democrat state Senator, and two Democrat state Representatives.

That does not sound like an impossible task.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.    Link to Gun Watch

[marktwain]

Time to use this to push Republicans in the coming legislature to get with the program.

[Jim Robinson]

God bless Texas!!

[Ruy Dias de Bivar]

From the TEXAS Declaration of Independence from Mexico..

http://avalon.law.yale.edu/19th_century/texdec.asp

“It has demanded us to deliver up our arms, which are essential to our defence, the rightful property of freemen, and formidable only to tyrannical governments.”

THE RIGHTFUL PROPERTY OF FREEMEN! Even Texas understood it!

[jsanders2001]

We need our arms to repel tyrants hence their need to disarm expeditiously.

[no-to-illegals]

There is no law legitimate except the 2^nd

[dware]

And the 2A DOES NOT say "shall not be infringed, as long as you have a background check" or "shall not be infringed, as long as you have a permit."

It's SHALL NOT BE INFRINGED. Period. End of discussion. I WILL NOT comply with ignorant, anti-American, anti-Constitutional gun laws. Molon Labe.

[no-to-illegals]

Amen! Amen!!! The 2^nd shall not be infringed!

[magna carta]

Texas is a STRAUSS-HOUSE state. Many conservative fakers are falling to his charms.
Texas is a right to bear arms state & a right to tolerate invasion state.
Abbott will excite Texans with guns but let it be overun with IA’s.
He will forward a lukewarm E-Verify bill that will be applicable to gov entities only.Sanctuary maybe...it will probably be toothless.
Texas needs the Governor of Maine. THAT GUY ROCKS!

[pallis]

Convincing Democrats to empower citizens with liberty is a tall order, even if it means having to convince only one or two of them.

[JRandomFreeper]

Straus has been sidelined with the removal of Dewhurst. Straus has lost much of his power base.

I'm very happy with Abbott. Since I'm from here, and worked hard to get rid of the liberal Republican Dewhurst, I'll keep Abbott.

/johnny

[JRandomFreeper]

Democrats in the Texas State House are susceptible to losing their elections if they don't give Texans the freedom they want.

And with the liberal Republicans being run out of the State government, the Dems in Texas have much less cover.

Thank God that Dewhurst got the boot.

/johnny

[Opinionated Blowhard]

The law was widely used to disarm former slaves and others out of favor with the local authorities.

That's right. Most Southern anti-gun laws were enacted or maintained by Democrats and enforced selectively against blacks. For years, Texas was no different. Hopefully now with Republicans in charge it will change.

[JRandomFreeper]

Republicans have been in charge. What has changed is that many of the liberal Republicans (Dewhurst and crowd) have been fired, and replaced with conservatives.

Just Republican doesn't cut it. They have to be conservative.

/johnny

[GeronL]

Joe Strauss has been the friend of Democrats as Speaker, he has stifled conservative bills, stalled them in committees and has moved big spending liberal bills along.

Joe Strauss needs to be replaced.

[magna carta]

Everyone is happy with Abbott.
However, if you want action on the invasion he will do little to nothing.
Again, the Governor of Maine is the man for me.

[Nervous Tick]

>> Again, the Governor of Maine is the man for me.

So stop jacking your jaws about our Texas, and move to Maine.

[Ancesthntr]

Texas sided with the Confederacy in the War between the States, or Civil War, if you prefer.

I prefer "The War of Northern Aggression" because it was all about shoving a bunch of tariffs down the South's throat that would have made the South little more than an economic colony of the North. Oh, and I grew up in NJ.

WRT the gun issue, we have the best chance in my lifetime to have Constitutional carry in this great state. Let's hope that the results of the election in both Texas and nationwide will get at least a few Dems to vote for a Constitutional Amendment that will forever take the legislature's discretion regarding our rights away...but in the meantime, Abbott will sign damned near anything that the legislature will put on his desk. So let's go for the temporary fix, followed immediately by a move to put the Amendment on the ballot in 2016.

I would also like to see a provision enabling ANY member of the Texas State Militia to acquire, keep and bear full auto weapons and so-called "destructive devices." Any citizen without a felony record and between the ages of 21 and 75 would automatically be a member of the TSM, though those older could waive in with a CHL or other demonstration of firearms proficiency, and those younger and in the U.S. military or Texas National Guard would also be part of the TSM. Such would get around the unconstitutional federal Section 922(o) restriction on new full autos, get Texans armed with several hundred thousand full autos and, as part of the bargain, make lieberals' heads explode in rage.

[magna carta]

So I hurt your feelings on Abbott. LOL!

[Nervous Tick]

Sorry, troll. No hurt feelings.

[waterhill]

I live on the family farm and carry as I see fit. I may run into coyotes and other varmints and poachers and thieves. I just carry and my game warden and KSO Deps back me. on my hip or concealed. no dumb-ass permit. I have 2 pistols, a rifle with 4 mags in my truck daily. I live Very rural and they know that I AM 911. They don’t have a problem with it. They know me and don’t even ask. That is how it should be.