The Second Amendment to the United States Constitution provides for the right to keep and bear arms, and reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
Some people believe this language creates a Constitutional, individual right for citizens of the United States to keep and bear arms, and prohibits Congress and state legislatures from prohibiting or restricting the possession of firearms.
Others believe the beginning words ("A well regulated militia being necessary”) indicate the intent of the Amendment was only to restrict Congress from limiting a state’s right to self-defense. This collective rights theory of the Second Amendment holds that citizens do not have an individual right to possess firearms, and that federal, state, and local legislative bodies may regulate the possession of firearms without implicating a Constitutional right.
At the time the First Amendment was ratified, some militia members used their own weapons, and some used weapons from their state’s militia stores.
In Texas, the interpretation of the Second Amendment aligns with the individual rights theory, which holds that citizens have a constitutional right to keep and bear arms. This perspective is reflected in the state's permissive gun laws. Texas does not require a permit to purchase firearms, there is no firearms registration system, and background checks are only required for sales by licensed dealers. Open carry of handguns is legal with a License to Carry (LTC), and as of September 1, 2021, Texas also allows the permitless carry of handguns for individuals 21 years and older who are not otherwise prohibited from possessing a firearm under state and federal law. The state preempts local regulation of firearms, meaning that local governments cannot enact gun laws that are more restrictive than state law. While the collective rights theory exists, it has less influence in Texas, where the prevailing legal and legislative stance supports the individual's right to bear arms.
