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

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Texas Constitution:Article I, Section 23 (view source)

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* ''Masters v. State'', 685 S.W.2d 654, [https://scholar.google.com/scholar_case?case=17228119047943981193#p655 655] (Tex.Crim.App. 1985) ("We granted discretionary review to consider appellant's contentions that Sec. 46.02 is violative of Art. 1, Sec. 23 of the Texas Constitution and of the Second Amendment to the Constitution of the United States of America. We rejected the first of these contentions in ''Roy v. State'', 552 S.W.2d 827 (Tex.Cr.App. 1977), citing ''Collins v. State'', 501 S.W.2d 876 (Tex.Cr.App. 1973) and ''Morrison v. State'', 339 S.W.2d 529 (Tex.Cr.App. 1960). . . . This power was held in ''Roy'', ''supra'', and its progenitors to authorize regulatory statutes such as Sec. 46.02 and its predecessors, and we continue to so hold.")
* ''Masters v. State'', 685 S.W.2d 654, [https://scholar.google.com/scholar_case?case=17228119047943981193#p655 655] (Tex.Crim.App. 1985) ("We granted discretionary review to consider appellant's contentions that Sec. 46.02 is violative of Art. 1, Sec. 23 of the Texas Constitution and of the Second Amendment to the Constitution of the United States of America. We rejected the first of these contentions in ''Roy v. State'', 552 S.W.2d 827 (Tex.Cr.App. 1977), citing ''Collins v. State'', 501 S.W.2d 876 (Tex.Cr.App. 1973) and ''Morrison v. State'', 339 S.W.2d 529 (Tex.Cr.App. 1960). . . . This power was held in ''Roy'', ''supra'', and its progenitors to authorize regulatory statutes such as Sec. 46.02 and its predecessors, and we continue to so hold.")


* ''Jennings v. State'', 5 Tex.Ct.App. 298, [https://texaslegalguide.com/images/5_Tex.Ct.App._298.pdf#page=3 300-01] (1878) ("While it has the power to regulate the wearing of arms, it has not the power by legislation to take a citizen's arms away from him. One of his most sacred rights is that of having arms for his own defense and that of the State. This right is one of the surest safeguards of liberty and self-preservation. The act under consideration contains other useful and salutary provisions which have been held not obnoxious to any just constitutional exceptions by a long line of decisions in this State, and which are capable of being executed independent of that part of it which is herein decided to be unconstitutional.")
* ''Jennings v. State'', 5 Tex.Ct.App. 298, [https://texaslegalguide.com/images/005_TexCtApp_298.pdf#page=3 300-01] (1878) ("While it has the power to regulate the wearing of arms, it has not the power by legislation to take a citizen's arms away from him. One of his most sacred rights is that of having arms for his own defense and that of the State. This right is one of the surest safeguards of liberty and self-preservation. The act under consideration contains other useful and salutary provisions which have been held not obnoxious to any just constitutional exceptions by a long line of decisions in this State, and which are capable of being executed independent of that part of it which is herein decided to be unconstitutional.")


* ''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/042_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/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.")
* ''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.")
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