Friday, April 30, 2010

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.

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