Legislative History of TX state constitution RKBA clause

[Langenator]

I'm curious if anyone knows why it was written the way it is. From my memory, most state constitutions reserve to the government the power to regulate carrying concealed weapons.

The fact that TX uses the phrase "regulate the wearing of arms" covering both concealed and open carry makes it a bit of an outlier.

Anyone know the history of why it was done that way?

 

[Bithabus]

I would guess they wrote it that way so they could outlaw the general carry of handguns.

 

[lalonguecarabine]

Without looking into it too much, I'll bet it was written that way during the reconstruction era after the civil war.
In which case, it definitely would have been a bit anti-gun in nature.

 

[M. Sage]

Without looking into it too much, I'll bet it was written that way during the reconstruction era after the civil war.
In which case, it definitely would have been a bit anti-gun in nature.

We have a winner! It was ratified in 1876. Constitution of the State of Texas (1876) -- Preamble and Article I

Gun control is rooted in racism.

 

[ArielT]

Gun control is rooted in racism.

Much like the war on drugs.

 

[Mexican_Hippie]

I prefer the original Texas Constitution (...Republic of)
The Constitution of the Republic of Texas (1836)

It was modeled after the US Constitution, but was an improvement in my opinion, in many areas. In some areas it was not.


14th "Declaration of Rights"
It has nothing about regulating the wear of firearms.
"Every citizen shall have the right to bear arms in defence of himself and the Republic. The military shall at all times and in all cases be subordinate to the civil power"
The Constitution of the Republic of Texas (1836) -- Declaration of Rights



Also...Article 2, Section 2 - Congressional Powers
The Constitution of the Republic of Texas (1836) -- Article II
"SEC. 2. To regulate commerce, to coin money, to regulate the value thereof and of foreign coin, to fix the standard of weights and measures, but nothing but gold and silver shall be made a lawful tender. "

 

[Mexican_Hippie]

FYI,

This is the 1845 Constitution, the one adopted when Texas became part of the US (pre-civil war).
Constitution of the State of Texas (1845) -- Letter of Transmittal

This is a link to all of the Texas Constitutions over time...
http://tarlton.law.utexas.edu/constitutions/constitutions.html

Federal Constitution of the United Mexican States (1824)
The Constitution of the State of Coahuila and Texas (1827)
Constitution or Form of Government of the State of Texas (1833)
Declaration, with Plan and Powers of the Provisional Government of Texas (1836)

Ordinances and Decrees of the Consultation
Declaration of Independence (1836)
The Constitution of the Republic of Texas (1836)

Journals of the Convention, 1836
The Constitution of Texas (1845) (Joining the U.S.)

Journals of the Convention, 1845

Debates of the Convention, 1845
The Constitution of Texas (1861) (Seceding from the U.S. and joining the Confederate States)

Journals of the Convention, 1861
The Constitution of Texas (1866) (Rejoining the U.S.)

Journals of the Convention, 1866
The Constitution of the State of West Texas (1868)

Ordinances Passed by the Constitutional Convention, 1868
The Constitution of Texas (1869) (Reconstruction Constitution)

Journals of the Reconstruction Convention, 1868
The Constitution of Texas (1876)
Journals of the Convention, 1875
Debates of the Convention, 1875

 

[Langenator]

That's some good primary source stuff right there. I'll bet with a bit of digging into the personages involved, I could turn that into a term paper when I take the graduate seminar in Texas history.

Although I do wonder why the original 1836 version didn't say "keep and bear arms." Because a lot of modern judges could easily apply the collectivist interpretation to just "bear arms."

 

[SC-Texas]

Great Read!