Texas Lawmaker Follows Suit, Proposes Law Against Federal Gun Ban

by Admin on January 21, 2013

Texas State Representative Steve Toth is proposing to introduce legislation that would make it illegal to enforce a federal gun ban.

The Republican legislator’s proposed law, called the “Firearm Protection Act,”  is an effort to protect the Second Amendment, and would make any federal law banning semi-automatic firearms, or limiting the size of magazines, unenforceable within the state’s boundaries. Texas police officers would be able to arrest any federal law enforcement agents attempting to enforce the ban, and those caught enforcing the ban could face felony charges.

“We can no longer depend on the Federal Government and this Administration to uphold a Constitution that they no longer believe in,” Toth said in a statement. “The liberties of the People of Texas and the sovereignty of our State are too important to just let the Federal Government take them away.”

The proposed legislation is not the first of its kind. In fact, it’s modeled after a bill introduced in the Wyoming legislature last week.

Wyoming State Representative Kendell Kroeker also introduced legislation that would make it a felony to enforce any federal gun ban. Federal agents arrested for enforcing a gun ban in Wyoming would be given up to five years in prison and a $50,000 fine.

Both state lawmakers are arguing that their legislation is an attempt to protect the Second Amendment, and any federal gun ban is a clear infringement on that right. But while states have a right to nullify federal law, federal laws take supremacy over state laws. The federal government could still ignore both Kroeker and Toth’s legislation, and enforce a gun ban. The state law could also be overturned if the federal government took either Wyoming or Texas to court.

Rep. Toth says he would welcome any such legal fight over the proposal.

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