Texas Constitution:Article I, Section 23: Difference between revisions

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* ''State v. Duke'', 42 Tex. 455, [https://texaslegalguide.com/images/42_Tex._455.pdf#page=4 458-59] (1875) ("The arms which every person is secured the right to keep and bear (in the defense of himself or the State, subject to legislative regulation), must be such arms as are commonly kept, according to the customs of the people, and are appropriate for open and manly use in self-defense, as well as such as are proper for . . . . It undertakes to regulate the place where, and the circumstances under which, a pistol may be carried; and in doing so, it appears to have respected the right to carry a pistol openly when needed for self-defense or in the public service, and the right to have one at the home or place of business.")
* ''State v. Duke'', 42 Tex. 455, [https://texaslegalguide.com/images/42_Tex._455.pdf#page=4 458-59] (1875) ("The arms which every person is secured the right to keep and bear (in the defense of himself or the State, subject to legislative regulation), must be such arms as are commonly kept, according to the customs of the people, and are appropriate for open and manly use in self-defense, as well as such as are proper for . . . . It undertakes to regulate the place where, and the circumstances under which, a pistol may be carried; and in doing so, it appears to have respected the right to carry a pistol openly when needed for self-defense or in the public service, and the right to have one at the home or place of business.")


* ''English v. State'', 35 Tex. 473, [https://texaslegalguide.com/images/35_Tex._473.pdf#page=6 478-79] (1871) ("It is furthermore claimed that this is a law in violation of the thirteenth section, first article, of our own constitution . . . . But we do not intend to be understood as admitting for one moment, that the abuses prohibited are in any way protected either under the state or federal constitution. We confess it appears to us little short of ridiculous, that any one should claim the right to carry upon his person any of the mischievous devices inhibited by the statute, into a peaceable public assembly, as, for instance into a church, a lecture room, a ball room, or any other place where ladies and gentlemen are congregated together.")
* ''English v. State'', 35 Tex. 473, [https://texaslegalguide.com/images/035_Tex_473.pdf#page=6 478-79] (1871) ("It is furthermore claimed that this is a law in violation of the thirteenth section, first article, of our own constitution . . . . But we do not intend to be understood as admitting for one moment, that the abuses prohibited are in any way protected either under the state or federal constitution. We confess it appears to us little short of ridiculous, that any one should claim the right to carry upon his person any of the mischievous devices inhibited by the statute, into a peaceable public assembly, as, for instance into a church, a lecture room, a ball room, or any other place where ladies and gentlemen are congregated together.")


* ''Cockrum v. State'', 24 Tex. 394, [https://texaslegalguide.com/images/024_Tex_394.pdf#page=8 401-02] (1859) ("The object of the clause first cited, has reference to the perpetuation of free government, and is based on the idea, that the people cannot be effectually oppressed and enslaved, who are not first disarmed. The clause cited in our bill of rights, has the same broad object in relation to the government, and in addition thereto, secures a personal right to the citizen. . . . It is one of the 'high powers' delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the law-making power.")
* ''Cockrum v. State'', 24 Tex. 394, [https://texaslegalguide.com/images/024_Tex_394.pdf#page=8 401-02] (1859) ("The object of the clause first cited, has reference to the perpetuation of free government, and is based on the idea, that the people cannot be effectually oppressed and enslaved, who are not first disarmed. The clause cited in our bill of rights, has the same broad object in relation to the government, and in addition thereto, secures a personal right to the citizen. . . . It is one of the 'high powers' delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the law-making power.")

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