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 posits that citizens have a constitutional right to keep and bear arms. This perspective has been upheld by the Supreme Court in decisions such as District of Columbia v. Heller (2008), which recognized an individual's right to possess firearms unconnected with service in a militia for traditionally lawful purposes. Texas law reflects a strong tradition of supporting individual gun ownership rights, with regulations that generally favor the possession and carrying of firearms by law-abiding citizens. The state has enacted laws that allow for open carry and concealed carry of handguns by licensed individuals and has also passed legislation that limits the ability of local governments to impose restrictions on gun ownership beyond what is provided by state law. While there are some restrictions in place, such as background checks and prohibitions on firearm possession by certain individuals (e.g., felons), Texas remains one of the states with more permissive gun laws, reflecting the individual rights interpretation of the Second Amendment.
