Tuesday, January 15, 2013
Texas Proposal: JAIL Any Federal Officials Trying to Enforce New Gun Restrictions in the State
measure would make any federal firearms legislation passed by Congress or approved by Presidential order unenforceable in Texas
A Texas lawmaker says he plans to file the Firearms Protection Act, which would make any federal laws that may be passed by Congress or imposed by Presidential order which would ban or restrict ownership of semi-automatic firearms or limit the size of gun magazines illegal in the state, 1200 WOAI news reports.
Republican Rep. Steve Toth says his measure also calls for felony criminal charges to be filed against any federal official who tries to enforce the rule in the state.
“If a federal official comes into the state of Texas to enforce the federal executive order, that person is subject to criminal prosecution,” Toth told 1200 WOAI’s Joe Pags Tuesday. He says his bill would make attempting to enforce a federal gun ban in Texas punishable by a $50,000 fine and up to five years in prison.
Toth says he will file his measure after speaking with the state’s Republican Attorney General, Greg Abbott, who has already vowed to fight any federal measures which call for restrictions on weapons possession.
Toth concedes that he would welcome a legal fight over his proposals.
“At some point there needs to be a showdown between the states and the federal government over the Supremacy Clause,” he said.
The Supremacy Clause is the portion of the Constitution which declares that federal laws and statutes are ‘the supreme law of the land.’
“It is our responsibility to push back when those laws are infringed by King Obama,” Toth said.
Texas is the second state to propose a measure to shield the state from the impact of any gun possession restrictions imposed by Congress or by Presidential order. A similar measure was introduced in Wyoming last week.