Texas Bills Seek To Ban Enforcement And Nullify Federal Gun Control

BY Herschel Smith
4 years, 10 months ago

Tenth Amendment Center:

AUSTIN, Texas (December 1, 2014) – Today, two bills were filed in the Texas state house that would have the effect of nullifying virtually all federal gun control measures in the state. Sources close to the Tenth Amendment Center say that the bills have a good chance of passage, but only with strong grassroots support.

Introduced by Rep.Matthew Krause, (R-Ft. Worth) House Bill 422 (HB422) would require that the state refuse to enforce almost all federal gun control measures enacted at anytime – past, present or future.    It reads, in part:

An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.

This would make a huge dent in any new federal effort to further restrict the right to keep and bear arms in Texas. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government absolutely cannot enforce gun control in Texas without the help of Texas.

A similar bill introduced by Krause in 2013 (HB928) passed out of the state house by a vote of 102-31, but since it was held to late in the session, the Senate never had the opportunity to concur.

Also introduced today is a bill known as the 2nd Amendment Preservation Act. Filed by Rep. Craig Goldman (R-Ft. Worth), House Bill 413 (HB413) is an exact duplicate of HB176 filed last month by outgoing Rep. Tim Kleinschmidt (R-Lexington). Since Kleinschmidt is retiring from the state house to accept a new position with the state, HB176 is considered “dead” and HB413 is the active bill in its place.

HB413 declares all federal restrictions on the right to keep and bear arms to be “invalid” and “not enforceable” within the state of Texas. It reads, in part:

A federal law, including a statute, an executive, administrative, or court order, or a rule, that infringes on a law-abiding citizen’s right to keep and bear arms under the Second Amendment to the United States Constitution or Section 23, Article I, Texas Constitution, is invalid and not enforceable in this state.

If passed into law, all government agencies and employees within Texas would be banned from enforcing any federal law in violation of the act.

Read the Tenth Amendment Center for the rest of the details, one of which is a nice restriction on universal background checks and gun registration.  Of course as readers know, this one is near and dear to my heart.

And true enough, lack of participation by state and local law enforcement would make, let’s say, a ban on standard capacity magazines, completely unenforceable.  There is nothing wrong with the bills as constituted.  But they don’t go nearly far enough.

For instance, what if a federal requirement is enacted for FFLS to do something or other that most Texans believe infringes on their rights under the Texas constitution?  The ATF can then threaten the FFL with revocation of their license, or perhaps even worse, fines and prison time, if he does not comply.  The federal government wins – unless, that is, the authorities in Texas are willing to send Texas law enforcement to arrest agents of the DoJ and ATF who reside in or enter the boundaries of Texas, with mandatory prison time as a consequence.

Just how free do Texans consider themselves?  The same question goes for the rest of us.


Comments

  1. On December 3, 2014 at 12:59 pm, Bobbye said:

    Just more Kabuki Theater by politicians who hope to remain on the public dole. The law would be challenged in Federal court and lose. No Texas official would ever dare to enforce this law. At this point in this country, the 50 States are merely 50 districts of the Federal government. The only place nullification has a small chance to work is in the courtroom and by a jury. It is good to hope, but I think this is only wishful thinking.

  2. On December 3, 2014 at 1:41 pm, Herschel Smith said:

    But read it again. These particular bills only prohibit state and local LE from enforcing federal laws. No court in the land – state or federal – can force the states to spend money enforcing federal law. These particular bills – if they become law – stand a very good chance of standing up in any court.
    The harder part, of course, is what I’m suggesting, which is legitimate nullification. With such a law the state would have to do it without caring what the federal courts said about it.

  3. On December 4, 2014 at 6:59 pm, Mark Crist said:

    Bobbye, How is this law any different from the large number of laws enacted banning local law enforcement from enforcing federal immigration laws? Making various jurisdictions sanctuary cities or states for illegal immigrants.

  4. On December 5, 2014 at 9:02 am, Justsomeguy said:

    I believe that HB413 would likely fail in the courts. There are a number of interesting arguments to be made though. HB422 would likely prevail as it is based on previous legal precedents.

  5. On December 3, 2014 at 7:04 pm, smmtheory said:

    Unless it repeals state restrictions against open carry, it will be practically worthless.

  6. On December 5, 2014 at 11:51 am, TexTopCat said:

    As long as the federal laws stay as they are, there is not much difference between state law and federal law. Now, UBC or mag size restrictions or AWB is still being attempted by the gun control extremists. The gun control crowd has unlimited money and time to get their agenda. Once, freedom is lost, it seldom ever is restored without payment in blood.

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You are currently reading "Texas Bills Seek To Ban Enforcement And Nullify Federal Gun Control", entry #13067 on The Captain's Journal.

This article is filed under the category(s) BATFE,Gun Control and was published December 2nd, 2014 by Herschel Smith.

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