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Giffords Law Center to Prevent Gun Violence. 2021 ‘State Right to Bear Arms in Texas.’ Other Laws & Policies. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 27 October

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State Right to Bear Arms in Texas

Article 1, § 23 of the Texas Constitution states: "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 English v. State and State v. Duke, the Supreme Court of Texas held that laws prohibiting the carrying of a pistol in specified situations did not violate the right to "bear arms" provision in the state constitution (formerly article I, § 13 of the Texas Constitution).

Since English and Duke, Texas civil and criminal appellate courts have repeatedly upheld the Legislature's power to regulate firearms, holding that the right to bear arms is not absolute, provided such laws have, per art. 1, § 23, "a view to prevent crime."…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

ID: Q8263

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