Gun Control & RKBA
In reply to the discussion: Who are the Militia? [View all]jimmy the one
(2,708 posts)lawstudent: .. what courts have said about the "militia.. In other words, any arm that the soldier is allowed to possess, the citizen is allowed to possess.
.. the typical rightwing spin, this time you're citing a ruling from a state court in texas 80 yrs after the 2ndA was written; not that it really did in this case (vague), but state's lesser courts indeed rendered individual rights points of view depending on the jurists, but disabuse yourselves from thinking the general opinion of higher courts held for an individual rkba - have you not read that emerson ct was the first to do so circa 2000?
texas court: It is furthermore claimed that this is a law in violation of 13th section, first article, of our own {texas} constitution, which reads thus: "Every person shall have the right to keep and bear arms in the lawful defense of himself or the state, under such regulations as the legislature may prescribe." We understand the word "arms," when used in this connection, as having the same import and meaning which it has when used in the amendment of the federal constitution..
It's a state constitution's rkba, not the 2ndA, & I doubt texas interpreted it as you do anyway, or especially as it is today. And there were laws attached.
I believe court refers to carrying concealed here &/or the lesser wpns: .. The {texas} act makes all necessary exceptions, and points out the place, the time and the manner in which certain deadly weapons may be carried as means of self-defense, and these exceptional cases, in our judgment, fully cover all the wants of society. There is no abridgement of the personal rights, such as may be regarded as inherent and inalienable to man, nor do we think his political rights are in the least infringed by any part of this law.
The arms of the infantry soldier are the musket and bayonet; of cavalry and dragoons, the sabre, holster pistols and carbine; of the artillery, the field piece, siege gun, and mortar, with side arms
Texas still bound by musquette & bayo in 1872? hardly; I'd'a thunk they'd had henrys & colts by then. Maybe thinking of revwar they were.