Texas House Bill 1076 (HB1076) is on the House Calendar for this Saturday, May 4th. It’s essential that you call your STATE rep today and ask them to vote YES on HB1076
If passed into law, the bill would ban all state agencies and employees from enforcing any new federal laws inconsistent with Texas law that bans or restricts firearms, accessories, ammo, etc. It’s a good step in the right direction as 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). And in those limited situations where enforcement does occur, Rosa Parks has taught us all the power of “NO!” Passage of HB1076 would mark the beginning of the end of any new federal gun control measures in Texas.
There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states to carry out its laws. None. Even the Supreme Court has affirmed this multiple times.
In the 1992 case, New York v. United States, the Supreme Court ruled that Congress couldn’t require states to enact specified waste disposal regulations.
In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks on prospective handgun purchasers.
In the 2012 case, National Federation of Independent Business v. Sebelius, the Supreme Court ruled that a significant expansion of Medicaid was not a valid exercise of Congress’s spending power, as it would coerce states to either accept the expansion or risk losing existing Medicaid funding.
In each of these cases, the Supreme Court made is quite clear that their opinion is that the federal government cannot require the states to act, or even coerce them to act through a threat to lose funding. Their opinion is correct. If the feds pass a law, they can sure try to enforce it if they want. But the states absolutely do NOT have to help them in any way.
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