Texas License To Carry Legislation

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.


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.