TEXAS: New Bill Declares ALL Federal Gun Control Invalid and Non Enforceable
By Michael Lotfi | Ben Swann
AUSTIN, November 14, 2014– A Texas legislator has introduced a new bill to derail the enforcement of virtually all federal gun control measures within the state’s borders.
“With this bill, Texas could help lead the country forward,” said Scott Landreth, campaign lead for ShallNot.org, a project of the Tenth Amendment Center that advocates for states to protect their citizens from federal overreach. “Passage would have serious impact on the federal government’s ability to carry out its unconstitutional gun control measures already on the books.”
Landreth has suggested that this could create a domino effect.
Introduced by newly re-elected State Representative Tim Kleinschmidt (R-Lexington), House Bill 176 (HB176) declares all federal restrictions on the right to keep and bear arms to be “invalid” and “not enforceable” within the state of Texas. It bill 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. The prohibition on enforcement includes any federal legislation that:
(1) imposes a tax, fee, or stamp on a firearm, firearm accessory, or firearm ammunition that is not common to all other goods and services and may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;
(2) requires the registration or tracking of a firearm, firearm accessory, or firearm ammunition or the owners of those items that may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;
(3) prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or firearm ammunition by a law-abiding citizen;
(4) orders the confiscation of a firearm, firearm accessory, or firearm ammunition from a law-abiding citizen.
AUSTIN, November 14, 2014– A Texas legislator has introduced a new bill to derail the enforcement of virtually all federal gun control measures within the state’s borders.
“With this bill, Texas could help lead the country forward,” said Scott Landreth, campaign lead for ShallNot.org, a project of the Tenth Amendment Center that advocates for states to protect their citizens from federal overreach. “Passage would have serious impact on the federal government’s ability to carry out its unconstitutional gun control measures already on the books.”
Landreth has suggested that this could create a domino effect.
Introduced by newly re-elected State Representative Tim Kleinschmidt (R-Lexington), House Bill 176 (HB176) declares all federal restrictions on the right to keep and bear arms to be “invalid” and “not enforceable” within the state of Texas. It bill 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. The prohibition on enforcement includes any federal legislation that:
(1) imposes a tax, fee, or stamp on a firearm, firearm accessory, or firearm ammunition that is not common to all other goods and services and may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;
(2) requires the registration or tracking of a firearm, firearm accessory, or firearm ammunition or the owners of those items that may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;
(3) prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or firearm ammunition by a law-abiding citizen;
(4) orders the confiscation of a firearm, firearm accessory, or firearm ammunition from a law-abiding citizen.
State employees who knowingly violate the act would risk a suit for damages for assisting the federal government violate an individual’s right to keep and bear arms in Texas. A defense of sovereign immunity would also be prohibited in such a suit.