Comment: "Nonapplicability" of 46.02 and "traveling"

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"Nonapplicability" of 46.02 and "traveling"

For OP Robhino

I've been visiting the DailyPaul now for a while and decided to subscribe just recently. I'm a bit new to Liberty, but I've been reading and researching to get up to speed.

I wanted to comment on your post about open-carry in the state of Texas by first pointing to the Texas Constitution Bill of Rights

"Article 1. Sec.23.RIGHT TO KEEP AND BEAR ARMS. 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."

From my understanding we have the right to bear arms, but legislature has the power to tell us when, where, and how to "with a view to prevent crime."

Two other important Sections to consider when determining who has the power are section 1 and section 2.

and independent State, subject only to the Constitution of the
United States, and the maintenance of our free institutions and the
perpetuity of the Union depend upon the preservation of the right of
local self-government, unimpaired to all the States."
GOVERNMENT. All political power is inherent in the people, and all
free governments are founded on their authority, and instituted for
their benefit. The faith of the people of Texas stands pledged to
the preservation of a republican form of government, and, subject
to this limitation only, they have at all times the inalienable
right to alter, reform or abolish their government in such manner as
they may think expedient."

In regards to Penal Code Title 10 Ch 46.02 Unlawful Carrying of Weapons, I found this part to be particularly interesting just a little further down under "Nonapplicability."

"Penal Code Title 10. Offenses Against Public Health, Safety, and Morals
Chapter 46. Weapons Sec. 46.15 Nonapplicability (b) Section 46.02 does not apply to a person who:(2)is traveling;"

At first glance I didn't think much about the term "travel" being used in the code, but then I remembered hearing and reading that exact term being used in constitutional arguments, especially in regards to "driving" and the requirement for "licensing."

The definition of "travel" from an online dictionary(Black's Law)
Travel: To go from one place to another at a distance; to journey; spoken of voluntary change of place. See White v. Beazley, 1 Barn. & Aid. 171; Hancock v. Rand, 94 N. Y. 1, 46 Am. Rep. 112; Gholson v. State. 53 Ala. 521, 25 Am. Rep. 652; Campbell v. State, 28 Tex. App. 44, 11 S. W. 832; State v. Smith, 157 Ind. 241, 61 N. E. 566, 87 Am. St. Rep. 205.

I'm putting this out there for everyone's review and would like to see how this fits into the current discussion.
I just love the DailyPaul and all the info it has to offer, such a great community!


"Liberty is the soul's right to breathe, and when it cannot take a long breath laws are girded too tight. Without liberty, man is a syncope." -Henry Ward Beecher