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. Article 1, § 23 of the Texas Constitution states: "Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State.1. Protect the right of individuals to keep and bear arms as guaranteed under both the Second Amendment to the United States Constitution and s. The Second Amendment prevents the government from infringing on one's right to keep and bear arms. A clemency application is not required for the Restoration of Voting Rights pursuant to Amendment 4. Second Amendment Right to Bear Arms. The Supreme Court recognizes that the Second Amendment is compatible with strong firearm regulations and gun safety. Texas law says no, but it contains an exception. Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. On March 9, the Eleventh Circuit issued a published decision in NRA v.