In the world of the Texas license to carry no self defense news is definitely good news. What we mean by this is that the laws in the state of Texas regarding obtaining a license to openly carry a firearm in public places are some of the least restrictive regulations in all the United States of America. For this reason, it is the considered opinion of the Self Defense News blog that no change in the law (that is, no news) is a good development. In other words we want things to stay exactly the way they are in Texas.
WE WANT THE TEXAS LICENSE TO CARRY REGULATIONS TO STAY EXACTLY THE WAY THEY ARE
The Second Amendment to the U. S. Constitution reads as follows:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
This amendment has been interpreted to mean that the Federal and state government cannot restrict the right to bear arms. Obviously this does not mean that the right to bear arms cannot be regulated as it clearly is in that in order to obtain a firearm a person must undergo a background check in many cases.
The fact that the Second Amendment to the U. S. Constitution makes reference to a “well regulated militia” has never been interpreted as a bar for a citizen who is not a member of a militia from obtaining a firearm. Technically, the language of the Second Amendment does not require militia membership in order for the Second Amendment to apply. The plain language suggests that a well regulated militia is the reason for not infringing upon the right to bear arms but this is not a requirement. Moreover, the language does not distinguish between Federal and state regulation.
It is the considered opinion of the Self Defense News Blog that each and every one of its readers obtain a Texas license to carry in 2017. We stand firm with this opinion even if the reader of the Self Defense Blog does not actually reside within the boarders of the state of Texas. You may ask in response to this assertion why the Self Defense News Blog holds this opinion. That question is certainly understandable because the Texas state license to carry a firearm is only applicable within the jurisdiction of the state of Texas. As such, one might legitimately wonder why a non resident of Texas would want to obtain said license.
THE REASON FOR A TEXAS LICENSE TO CARRY
There are several reasons why a person who does not live in Texas would want to obtain a license to carry in the state of Texas. One reason might be that the person in question has future plans to travel to Texas and wants to carry a firearm when he or she gets there. Another reason might be that the person in question is a collector of licenses to carry and needs a Texas license to complete his or her collection.
Once a person obtains such a license he or she will then be able to carry a firearm within the state of Texas. This license allows the person who holds said license to carry a firearm in most public places. There are some exceptions and we invite all Self Defense News Blog readers to research the law to find out just what these specific exceptions happen to be. Once the reader of the Self Defense News Blog readers learn about these exceptions they will then know where they can carry a firearm and where they cannot carry a firearm.
Directly related to the legislation regarding obtaining a Texas license to carry, the Texas State Senate Bill 378 articulates a Stand Your Ground clause. This provision states that a person who is involved in a defensive shooting has no “duty to retreat” before being legally justified in shooting his or her assailant. The “trier of fact” (the jury in a jury trial and the judge in a non jury trial) may not consider whether the person retreated when deciding whether the person was justified in shooting. The purpose of this legislation is to provide a person with additional freedom in protecting themselves.
TEXAS LICENSE TO CARRY FOR SELF PROTECTION
The right to be secure in one’s person is a very important right enshrined in many different pieces of legislation on both the state and federal levels. Most notably the Second Amendment to the U. S. Constitution has been interpreted to provide the right to bear arms for any U. S. Citizen. A technical reading of the Second Amendment arguably does not enshrine this right but rather allows for right to bear arms in connection with a well regulated militia. This has never been the official reading of the Second Amendment to the U. S. Constitution.
Any State level legislation must be legally consistent with the provisions of the U. S. Constitution. If the state level legislation is not legally consistent with the U. S. Constitution it is in danger of being struck down as being unconstitutional. Technically, the law is still in effect until it has been determined to be unconstitutional. This requires an actual case in controversy. In other words, someone must bring suit in a court of law to challenge the potentially unconstitutional law. Moreover, the person bringing the suit must have standing to do so which requires some kind of damages as a result of said law.
Although one citizen cannot bestow a Texas license to carry a firearm upon another citizen the gift of knowledge as to how to apply for such a license might very well prove to be the most wonderful gift of all this Christmas season. The reason for this is quite simple. That is, the knowledge that a person can defend himself or herself against an assault or home invasion even if that assaulter or invader be significantly larger in size. This is the Christmas promise of a firearm. It evens the playing field and makes equals of each and every one of us.
Texas License to Carry … a Gift!
Gold, Frankincense, Myrrh and a gun! We all know quite well what gold is. This elemental metal has been used as a currency of wealth throughout history and across cultures. Frankincense carries a sweet savor unto the Lord. Myrrh is the Holy Spirit of that trinity in that it is the more mysterious of the three. But the gun, that fourth member of the trinity (if you know what I mean and I know that you do gentle reader) is the one gift that is the true gift of this joyous season.
As the day approaches when we shall all be steeped in sage and onion we must prepare to receive the incarnation of the savior. We must prepare to receive the three wise men carrying their gifts to the manger. We must prepare to receive that criminal who seeks to invade our home with the searing kiss of red hot lead. This is the gift that a license to carry can bestow upon its recipients. And what a Merry Christmas it shall be to know that we are all safe in our homes around the hearth with the knowledge that we are as assured of self protection as we can be.
Merry Christmas from all of us at Self Defense News!