Charles Daniels

Texas Government
Mr. Solis
13 April 2010
The Right to Bear Arms in Texas
The history of Texas has always been associated with freedom and the
willingness to fight for that freedom. The Alamo is a symbol to the world that
Texans will do anything to preserve their freedoms and way of life. Part of the
guarantee of that freedom is the right to keep and bear arms as stated in the
U.S. Constitution's Bill of Rights. The freedom fighters at the Alamo would not
have lasted as long without firearms, you've heard the old saying you don't
bring a knife to a gunfight". Texas, despite its conservative nature does
guarantee the right to bear arms and use them to protect life and property.
The Constitution of Texas preserves the right of its people to keep and
bear arms with the stipulation that the wearing of those arms can be
controlled by the Texas Legislature. Article 1, Section 23 of the Texas
Constitution states; "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". This article provides for the ability for law-abiding citizens in the
State of Texas to obtain a license to carry a concealed weapon. It is also the
basis for protecting a citizen's right to self defense in regard to life and
property without fear of criminal or civil charges being filed. Texas does not

require a license or registration to own firearms, there is no limit on quantity

and the only restrictions are those mandated by the Federal Government.
Texas does not have a waiting period when purchasing a firearm; the only
requirement is to pass the FBI's National Instant Criminal Background Check
System (NICS) check. This is a federal requirement to prevent criminals from
purchasing firearms and only takes a few minutes to fill out and receive
confirmation.
There are thirty-eight states that allow concealed carry of firearms
including Texas, there are two states that allow unrestricted carry of a
firearm; Alaska and Vermont. These two states do not require a permit to
carry a firearm concealed or not. The State of Texas requires a permit in
order to carry a concealed weapon legally. In order to obtain a concealed
carry permit an applicant must meet certain criteria, the applicant must;
1. Be 21 years old. (Members and former members of the armed forces
must be 18.)
2. Have a clean criminal history, including military service and recent
juvenile records.
3. Not be under a protective order.
4. Not be chemically dependent.
5. Not be of unsound mind.
6. Not be delinquent in paying fines, fees, child support, student loans,
etc.
7. Be eligible to purchase a handgun by completing the NICS check.
8. Complete required training.

Once the application is approved it must be renewed after five years and
it must be readily available while carrying a concealed weapon. If a property
has signs that prohibit weapons then it is illegal to carry a weapon while on
that property. It is legal to open carry a firearm while on your own property
and while hunting.
Texas enforces the right to self defense and has adopted the Castle
Doctrine. This law is derived from old English "Common Law" which, oversimplified means that "a man's home is his castle" and he has the right to
defend it. This is a law that protects the right to self-defense, basically, it
prevents a person from being charged with a crime if the use of deadly force
was to protect one's life and/or property. This law provides immunity from
civil liability or criminal charges if the act was a lawful exercise of the right to
self defense. It does not require that the victim retreat from a threat before
exercising the use of deadly force. There have been numerous cases where a
victim of a crime has used deadly force to protect their life, property or
someone else's life or property. In most cases the victim is protected by the
Castle Doctrine from criminal prosecution and civil liability.
For many years there has been confusion over the laws regarding the
transportation of firearms in a vehicle. Texas has clarified the circumstances
surrounding this problem by allowing that a person is legally able to travel
with a weapon as long as it is not used for criminal activity. It is legal in Texas
to transport a loaded weapon in your vehicle as long as it is concealed. This

does not require a Concealed Carry License (CCL), you only need the CCL if
you are carrying the weapon on your person. If stopped by law enforcement
and you have a weapon you must notify the officer immediately, do not
make any sudden move towards the weapon. The officer may take
possession of the weapon temporarily to insure everyone's safety and should
return it when the incident is over.
One of the more popular weekend pursuits for gun owners in Texas is
the Gun Show, usually held once a month, these are great places to buy, sell
or trade firearms. It is legal to buy, sell or trade guns in the State of Texas on
a person to person basis, or from a gun dealer. A dealer must have a Federal
Firearms License and must perform the NICS check before the sale of any
firearms. Any individual can sell a firearm to another individual as long as
there is a reasonable assumption that the purchaser will not use the firearm
in a criminal act.
The Brady Act of 1993 was an amendment to the Gun Control Act of
1968. It required that anyone purchasing a handgun must complete and pass
a background check and must wait up to five days before the sale is
approved. This was a direct result of the attempted assassination of
President Ronald Reagan by John Hinckley Jr. in March of 1981. President
Reagan was hit in the chest by a ricochet, his wound was not life threatening.
James Brady was shot in the head and survived, he was permanently
disabled as a result. Brady and his wife were the main supporters to the

passing of the amendment. A flaw in the Brady Act is that criminals don't buy
guns from licensed gun dealers, they buy stolen guns or use guns belonging
to family members to commit their crimes.
Ownership of weapons in the State of Texas does not require
registration or permits. A person can own anything from assault weapons
such as the Russian AK-47 or the Armalite M-16, to a shotgun. The only
restrictions are the caliber, no larger than .50 cal. If the weapon is a fully
automatic then it requires a Federal Firearms License in order to legally
possess. There are no restrictions on handguns, shotguns, or rifles. There are
no restrictions on the quantity of guns a person can own or the amount of
ammunition.
Considering the conservative nature of Texas it may surprise people to
know that many Texans fully support the right to bear arms and the right to
self defense. Texas history is full of stories in which firearms have played a
major role in shaping the strong and independent values that Texans exhibit.
The fact that the State government of Texas has taken the extra step of
providing legal protection to its citizens when they exercise the right to self
defense reinforces its commitment to the people and their rights.

Bibliography

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"Texas Castle Doctrine." RC123.com. RC123.com. Web. 11 Apr. 2010.

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