Texas Moves to Block Police from Enforcing New Federal Gun Laws

By 28 Comments 361 views

Warner Todd Huston @ Breitbart:

If passed, a bill introduced in the Texas State legislature would prevent state and local police officers from enforcing any new federal gun control laws.

The Firearm Protection Act, sponsored by Republican Representative Steve Toth (The Woodlands, Dist. 15), would stop Texas law enforcement officials from confiscating so-called assault weapons or large capacity ammunition magazines.

“There’s a federal law, there’s a 30-round magazine right in front of you – what do I do?,” Toth said to reporters. His bill, he said, firmly answers that question.

The bill would actually create a Class A misdemeanor for officials trying to enforce future federal gun control laws, making the police into the law breakers. The bill would also give states’ attorneys the ability to sue anyone who tries to enforce gun control laws.

Toth admitted that his bill would likely end up before the Supreme Court of the United States.

Read more

Filed under Uncategorized

Curt served in the Marine Corps for four years and has been a law enforcement officer in Los Angeles for the last 24 years.

28 Responses to “Texas Moves to Block Police from Enforcing New Federal Gun Laws”

  1. 1

    Babydoc

    Another reason to be grateful I live in The Great State of Texas. Already joined the NRA and am taking all my kids to the pistol range to teach them firearm safety.

  2. 2

    crosspatch

    53 companies as I write this (that is an increase of 14 in less than 24 hours) are promising not to sell arms to government agencies/entities/individuals in jurisdictions where the same item is now allowed to be sold to the citizens of that jurisdiction. It started out as a response to the New York gun law but has expanded to any jurisdiction in the country. Cops and other government employees/agencies can buy only what the citizens of their jurisdiction can buy.

    http://www.ncgunblog.com/new-york-boycott/

  3. 3

    Greg

    The bill would actually create a Class A misdemeanor for officials trying to enforce future federal gun control laws, making the police into the law breakers.

    The man is a lunatic.

  4. 5

    Greg

    An elected public official is deliberately attempting to put Texas law enforcement personnel in a position where they would have to oppose federal law enforcement personnel. Then what? Armed Texas law enforcement officers who refuse to comply will be arrested by other armed Texas law enforcement officers?

    The man should be taken from his office and placed in a padded cell.

  5. 6

    retire05

    @Greg:

    Armed Texas law enforcement officers who refuse to comply will be arrested by other armed Texas law enforcement officers?

    Do you even know who has the authority to arrest LEOs in Texas, Greggie?

    And have you even read the bill? It provides Texas LEOs the right to deny to enforce any unconstitutional gun grab the Administration might try to implement. The bill is actually brilliant in the fact that it gives cover to our LEOs.

    And Steve Toth has something you seemed to have given up long ago; cajones.

  6. 7

    Pete

    The political overlords pushing the gun-grabbing, unconstitutional laws are doing it on purpose. They are deliberately trying to instigate a standoff, then when citizens defend their rights and violence ensues, the gun-grabbers will start shrieking their deceitful self-justification and become even more aggressive in trying to take our 2nd Amendment rights away. Their hypocrisy knows no bounds, as the leftists are currently ridiculing us as paranoid nutjobs for thinking that the left is going to take away the 2nd Amendment…while they are doing exactly what they claim not to be doing. Leftists are completely and totally evil.

  7. 10

    retire05

    @Greg:

    I’m sick of your personal insults.

    You ain’t seen nothing yet, Bubba. Just wait until Aye decides to grab hold of you. You’ll be hiding in the corner crying for your momma.

  8. 12

    retire05

    @Greg:

    You don’t seem to get the fact that a person’s rude, obnoxious behavior reflects mostly on themselves.

    Tell that to the Republicans you have wrongly smeared just on this website. And I have no doubt you spread your vitriol against conservatives everywhere you go.

  9. 13

    Greg

    Some people have apparently decided that the smearing democrats, liberals, the elected President of the United States, and anyone having the temerity to say a word in favor of them or any of their policies is the entire purpose of this forum, so you might as well save your display of outrage.

    This seems to be a tactic you frequently use to avoid addressing questions you don’t like—in this case, one concerning the wisdom of legislation specifically designed to turn state law enforcement personnel who take heed of a federal law into criminals.

  10. 14

    retire05

    @Greg:

    Look, Greggie, it’s just this simple; the Founding Father designed a great document that allows you to live where ever you like. If you don’t like the laws of Texas, don’t move there. If you prefer the laws of Michigan, move there; I understand homes in Detroit are going for cheap.

    Now, I know that you have not read the proposed Texas legislation, yet you feel duty bound to oppose something you have not read. The 2nd Amendment is the law of the land, no matter how hard you progressives try to abolish it. So deal with it. And our Texas LEOs take an oath to uphold the Constitution of Texas and the Constitution of the United States. This bill allows them to maintain that oath and says that anyone who tries to violate the 2nd Amendment of the U.S. Constitution as a duly sworn LEO can be arrested on a Class A Misdemeanor for the violation of a private citizen’s Constitutionally guaranteed 2nd Amendment rights.

    If you don’t like that, then lobby to repeal the 2nd Amendment. But when you do, be prepared for what will most certainly follow.

  11. 15

    Greg

    Here are the relevant parts of Texas HB 1076. Consider them read.

    (b) An entity described by Subsection (a) may not adopt a
    rule, order, ordinance, or policy under which the entity enforces,
    or by consistent action allows the enforcement of, a federal
    statute, order, rule or regulation enacted on or after January 1,
    2013 that purports to regulate a firearm, firearm accessory, or
    firearm ammunition if the statute, order, rule or regulation
    imposes a prohibition, restriction or other regulation, such as
    capacity or size limitation, a registration requirement or a
    background check, that does not exist under the laws of this state.

    (h) A person commits an offense if, in the person’s official
    capacity as an officer of an entity described by Subsection (a), or
    as a person employed by or otherwise under the direction or control
    of the entity, or under color of law, knowingly enforces or attempts
    to enforce any federal statute, order, rule or regulation described
    by Subsection (b). An offense under this Subsection is a Class A
    Misdemeanor.

    As I said, Toth has proposed legislation that would make any Texas law enforcement officer who fails to ignore a hypothetical federal law Toth dislikes into a criminal. The act of upholding a federal law would make the officer into a criminal under state law. A Class A Misdemeanor in Texas is punishable by imprisonment for up to one year.

    What right does he have to put conscientious law enforcement officials who have been serving the public for far longer than he has in this sort of dilemma? Maybe he should go back to something he knows about: building rich people’s swimming pools.

  12. 18

    Buck Bradley

    I realize this is difficult for a sixth-grade brain to wrap itself around Greg–but uncontitutional “laws” — let alone unconstitutional non-laws in the form of “executive orders” are not enforceable and attempting to enforce them is already illegal.

  13. 19

    Buck Bradley

    “Conscientious” law enforcement personal hired by the State of Texas or any of its political subdivisions are not now and never have been under any obligation to enforce federal law—let alone unconstitutiona lfederal law. Can’t make it much simpler for you Greg.

  14. 21

    retire05

    @Greg:

    The act of upholding a federal law would make the officer into a criminal under state law.

    Texas LEOs did not take an oath to uphold the laws passed by the federal legislature. They take an oath to uphold the Texas and U.S. Constitutions, and should those laws passed by an out of control legislature be blatantly unconstitutional, not only LEOs, but our military, as well, have not only a right, but a duty to refuse to obey any orders stemming from unconstitutional laws. The act of cofiscation of legally owned firearms, without due process, would be unconstitutional, whether it is being enforced via a legislative act or an Executive Order.

  15. 22

    ilovebeeswarzone

    I LOVE TEXAS, RICK PERRY, I LOVE YOU TOO,
    AND THE TEXANS, I LOVE YOU ALL,
    KEEP IT UP,
    YOU ARE AN EXAMPLE OF WHAT THE CONSTITUTION IS ALL ABOUT,
    YOU HAVE REFUSED TO PROSTITUTE THE LAWS OF THE LAND,
    AND THAT IS YOUR STRENGTH AND OTHER ADMIRE YOUR STANDING FOR WHAT IS RIGHT,
    THE FED TRY TO MANIPULATE YOU AND YOU SHOWED THEM THE DOOR
    AND KICK THEIR ASS, SO THEY KNOW TEXAS IS A NO FOR THEM
    AND THEY KNOW TO HANDLE WITH CARE,
    KEEP IT UP TEXAS

  16. 23

    Greg

    @Buck Bradley, #19:

    “Conscientious” law enforcement personal hired by the State of Texas or any of its political subdivisions are not now and never have been under any obligation to enforce federal law—let alone unconstitutiona lfederal law.

    That being the case, why would Mr. Toth be wasting his constituents’ time and tax money with totally pointless legislation?

    Perhaps you should bring your observation to his attention.

  17. 24

    retire05

    @Greg:

    why would Mr. Toth be wasting his constituents’ time and tax money with totally pointless legislation?

    Well, since you are not a constituent of Congressman Toth’s, nor a Texas taxpayer, why should we be concerned with your opinion that he is wasting our time and our tax money? Congressman Toth has the support of his consitutents, and a huge swath of Texans. And since you do not live in Texas, you should butt out.

    Perhaps you should worry more about Nanny Bloomberg who thinks he has the right to tell people what size soda they can drink.

  18. 26

    Greg

    @retire05, #24:

    Well, since you are not a constituent of Congressman Toth’s, nor a Texas taxpayer, why should we be concerned with your opinion that he is wasting our time and our tax money?

    You tell me. No one forced you to comment on the opinions I expressed. Nor to comment on something under consideration in New York, for that matter. Nothing anyone does in New York will prevent Texans from exercising their constitutional right to obesity.

  19. 27

    Aye

    editor

    @retire05:

    Well, since you are not a constituent of Congressman Toth’s, nor a Texas taxpayer, why should we be concerned with your opinion that he is wasting our time and our tax money? Congressman Toth has the support of his consitutents, and a huge swath of Texans. And since you do not live in Texas, you should butt out.

    Is that a new standard you wish to establish for others here at FA? If so, just remember that consistency will require reciprocity.

    On second thought, that’s a damned good idea. I look forward to seeing you limit yourself to Texas issues as well as butting out of issues involving other states.

    Perhaps you should worry more about Nanny Bloomberg who thinks he has the right to tell people what size soda they can drink.

    Why would you encourage Greg to comment on NY City issues when he lives in Indiana? Since he is not a constituent of Mayor Bloomberg’s, why should we be concerned with his opinion on those issues? Shouldn’t consistency require him to “butt out”?

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>