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Re: HB 1163 - Large Cities may Vote to ban Open Carry
Posted: Wed Feb 20, 2019 2:10 pm
by Flightmare
You are correct, it has yet to be assigned. They haven't got to it yet.
Re: HB 1163 - Large Cities may Vote to ban Open Carry
Posted: Wed Feb 20, 2019 3:13 pm
by der Teufel
Pawpaw wrote: Tue Feb 19, 2019 8:52 pm
Such a law would be a violation of the Texas Constitution.
Article 1, Sec. 23. wrote: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.
It doesn't say the Legislature can pass that power down to certain cities.
But neither does it say they cannot delegate that responsibility …
Re: HB 1163 - Large Cities may Vote to ban Open Carry
Posted: Wed Feb 20, 2019 3:50 pm
by Pawpaw
Jason Todd wrote: Wed Feb 20, 2019 2:01 pm
Pawpaw wrote: Tue Feb 19, 2019 8:52 pm
Such a law would be a violation of the Texas Constitution.
Article 1, Sec. 23. wrote: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.
It doesn't say the Legislature can pass that power down to certain cities.
How is it different than the legislature allowing school districts to decide whether to allow LTC to carry?
There is a vast difference. The Legislature made it illegal to carry in a school. Then they gave school districts the ability to grant exceptions as they see fit.
This bill would completely pass the power to regulate down to certain cities.
Re: HB 1163 - Large Cities may Vote to ban Open Carry
Posted: Wed Feb 20, 2019 3:53 pm
by Pawpaw
der Teufel wrote: Wed Feb 20, 2019 3:13 pm
Pawpaw wrote: Tue Feb 19, 2019 8:52 pm
Such a law would be a violation of the Texas Constitution.
Article 1, Sec. 23. wrote: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.
It doesn't say the Legislature can pass that power down to certain cities.
But neither does it say they cannot delegate that responsibility …
It doesn't have to. Both the state and federal constitutions are a contract between the citizens and the government. It tells the government what they are and are not allowed to do. In this case, it restricts the power to regulate to the Legislature.
Re: HB 1163 - Large Cities may Vote to ban Open Carry
Posted: Wed Feb 20, 2019 5:09 pm
by The Annoyed Man
AF-Odin wrote: Tue Feb 19, 2019 2:09 pm
We can only hope it dies in committee.
Don’t worry, Speaker Bonnen will save us.
