- 2023, 2024, Constitution, Gun Rights
Secure our right to bear arms without infringement.
HJR 38
Bill Description
Bill Sponsors
Rep. Jay Reedy
Bill Co-Sponsors
House: Todd, Sparks, Doggett, Slater, Barrett, Capley, Moody, Grills, Fritts, Cepicky, Martin B, Russell, Littleton, Moon, McCalmon, Keisling, Lamberth, Bulso, Boyd, Gant, Davis, Bricken, Richey, Darby, Hill, Garrett, Farmer, Hurt, Butler, Cochran, Warner, Hulsey, Howell, Ragan, Johnson C, Haston, Vaughan, Zachary, Burkhart, Crawford, Rudd, Alexander, Vital, Travis, Eldridge, Hale, Stevens, Towns, Terry, Lafferty, Leatherwood, Hicks T, Martin G, Sherrell, Powers, Carr, Raper
TLRC Statement on Bill
Currently, our state constitution leaves a bit of ambiguity as to an individual’s sovereign right to bear arms and also extends powers to the state Legislature in terms of regulation that seems to conflict with the US Supreme Court’s interpretation of the 2nd Amendment in the NY State Rifle & Pistol Assoc. v Bruen (2022) decision.
Article I, Section 26 states, “That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”
Individuals have a right to bear arms beyond the confines of “common” defense. That phrase in our constitution is problematic. Additionally, rights should be protected. The function of law is to punish those who violate the law and thus offend the rights of others. But the function to “prevent” crime versus to simply “punish” crime leaves a burden of arbitrary power in the hands of a Legislature that ought not to be there.
This constitutional amendment changes Article I, Section 26 to simply state the following:
That the citizens of this State have a right to keep, bear, and wear arms.
