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

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This section's substance is at least to some degree independent of the differently worded Second Amendment to the federal constitution. Cf. Stephen Halbrook, ''The Right to Bear Arms in Texas: The Intent of the Framers of the Bills of Rights'', 41 Baylor L. Rev. 629, [https://constitution.org/1-Constitution/2ll/2ndschol/38haltex.pdf#page=30 668] (1989) ("Under the 1876 guarantee, the legislature (but not a locality) could regulate how arms were to be worn, i.e., openly or concealed, but could not bar the wearing of weapons per se.").
This section's substance is at least to some degree independent of the differently worded Second Amendment to the federal constitution. Cf. Stephen Halbrook, ''The Right to Bear Arms in Texas: The Intent of the Framers of the Bills of Rights'', 41 Baylor L. Rev. 629, [https://constitution.org/1-Constitution/2ll/2ndschol/38haltex.pdf#page=30 668] (1989) ("Under the 1876 guarantee, the legislature (but not a locality) could regulate how arms were to be worn, i.e., openly or concealed, but could not bar the wearing of weapons per se.").


Note that the second clause of this section, added by the Constitutional Convention of 1875, is a verbatim copy of the second clause of Article I, Section 26 of the Tennessee Constitution. Cf. ''Andrews v. State'', 50 Tenn. 165, [https://texaslegalguide.com/images/Tenn._165.pdf#page=16 180] (1871) ("The Convention of 1870, knowing that there had been differences of opinion on this question, have conferred on the Legislature in this added clause, the right to regulate the wearing of arms, with a view to prevent crime.").
Note that the second clause of this section, added by the Constitutional Convention of 1875, is a verbatim copy of the second clause of Article I, Section 26 of the Tennessee Constitution. Cf. ''Andrews v. State'', 50 Tenn. 165, [https://texaslegalguide.com/images/Tenn_165.pdf#page=16 180] (1871) ("The Convention of 1870, knowing that there had been differences of opinion on this question, have conferred on the Legislature in this added clause, the right to regulate the wearing of arms, with a view to prevent crime.").


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