The Right to Bear Arms

The Right to Bear Arms

One of the things that I am thoroughly enjoying about my move out of the big city is the ability to walk out onto my land with a firearm and target practice. In the city I had to drive to the indoor shooting range to shoot a firearm. It is simply much more enjoyable to be out in the open air. Thankfully we live in a nation and state that allow their citizens to own firearms.

Under the United States Constitution, Article 1, Section 23, “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.” In Texas, a resident may buy rifles, shotguns, ammunition, reloading materials, or firearm accessories. Of course, it is illegal to sell or rent (or even loan or give) a gun to another person in situations such as when it is known that the person intends to use it unlawfully, or the recipient is under the age of 18 years old (without written consent of his or her parent or guardian), or to someone who is intoxicated.

In Texas, a person has the right to possess a rifle, shotgun, or handgun without a license unless that person has been convicted of a felony or Class A misdemeanor involving that persons' family or household, or in the event of certain court orders. Texas also allows a person to apply for a concealed carry license after successful completion of classroom and range components of a handgun safety course. However, there are restrictions on a persons' right to possession. It is unlawful to possess, manufacture, transport, repair, or sell a machine gun in Texas. It is unlawful to display a firearm in a public place in a manner calculated to alarm. It is unlawful to discharge a firearm in a public place or on or across a public road. It is also unlawful to possess, manufacture, transport, repair, or sell handgun ammunition designed primarily for the purpose of penetrating metal or body armor and to be used principally in a pistol or revolver. And there are many more detailed restrictions.

As long as the right to bear arms has existed, the federal and state governments have legislated it. And they continually move for additional laws and controls over ownership and possession. It is important to stay informed about gun laws and any proposed legislation.

Drive Responsibly in Texas

Drive Responsibly in Texas

Many Texas drivers are not aware that when a driver is cited with a certain traffic violation the state assigns a series of points against the violator. The Driver Responsibility law established a system of points toward Class C misdemeanor violations and also applies various surcharges. Those drivers who accumulate too many points may even face license suspension. The point system was originally implemented as a method of tracking those less than safe drivers, but it has been found to generate significant income for states.

Under this law, an offender accumulates two points for a moving violation in Texas or in another state. However, points will not be assigned for speeding less than 10% over the legal speed limit or for a failure to wear a seat belt conviction. A child safety seat violation accrues two points. If the moving violation results in an accident then three points will be assessed. Points accrued remain on the driver's record for three years from the date of conviction date. This can result in an extremely burdensome financial drain for a driver because these financial assessments are charged annually over this three year period. Additionally, the driver's insurance company may (and likely will) choose to increase insurance rates.

At the end of the year, drivers with greater than six points on their licenses will be required to pay an assessment fee of $100 plus $25 for each additional point. Criminal traffic offenses, such as driving while intoxicated, failure to carry proper liability insurance, driving while license is invalid or driving without a license, will result in the assessment of other surcharges. These surcharges are in addition to the point based system. The state can asses this surcharge annually for up to three years. An assessment notice will be sent to the driver and if it is not paid within 30 days the driver's license will be suspended. Driving privileges remain suspended until the fine is paid. In some circumstances the driver can establish an installment agreement.

So the next time you feel that jolt of panic as you speed past a highway patrolman, or the next time you approach that stop sign, beware the Driver Responsibility Program and the point system. Texas has a relatively low point count compared to some other states.

It is advisable to give serious thought to any citation you receive. Simply paying the fine to resolve the ticket may result in fines and lead to eventual license suspension. Paying that traffic ticket could merely be the tip of the financial iceberg. If you believe the citation is not justified then you have the right to contest that citation. A driver may check the status of the driver's license by ordering a driving record report. This is a great resource to check how many points will be shown against the license.