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Texas Constitution - Art 1 - Sec 23

Discussion in 'Gun Legislation' started by m5215, Nov 15, 2018.

  1. m5215

    m5215 Pistoleer

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    Article 1 - BILL OF RIGHTS
    Section 23 - RIGHT TO KEEP AND BEAR ARMS
    Every citizen shall have the right to keep and bear arms in the lawful defense 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.

    I would imagine that it would be impossible for the Texas state government to ever pass legislation that removes the right for a citizen to keep and bear arms but what would happen if there is Federal legislation that somehow does this. What options does the state of Texas have?
     


  2. rexster314

    rexster314 Member

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    None
    States can write laws to enhance or strengthen fed law, but none to weaken it
     
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  3. pronstar

    pronstar TGT Addict TGT Supporter

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    And yet it’s done all the time.
    E.g. legalizing medical marijuana on the state level, sanctuary cities


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  4. toddnjoyce

    toddnjoyce TGT Addict

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    A properly ratified amendment to repeal the 2A is the only way that would work.

    In that scenario, I don’t know what would happen. Pretty certain I’ll not see that in my lifetime.
     
  5. Shotgun Jeremy

    Shotgun Jeremy TGT Addict

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    In Montana, they passed law that sought to exempt firearms manufactured in Montana from federal regulation under the interstate commerce and supremacy clauses of the US Constitution. Of course the ATF is saying this is invalid, but that's a similar scenario to what is being asked about in the OP.
     
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  6. Younggun

    Younggun Ginger Avenger TGT Supporter Admin

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    That doesn’t change anything about the federal law.


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  7. TheDan

    TheDan 4th Best Member TGT Supporter

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    Kansas, too. A couple folks are testing it out. Not going well for them so far... Not sure if they intend to try to take it to SCOTUS or not, but even if they made their case there, I doubt we'd see the preferred outcome.
    https://www.ksnt.com/news/local-new...to-federal-illegal-firearm-charges/1530910814
     

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