In Texas yesterday, the State House Committee on Federalism and Fiscal Responsibility gave approval to two important bills regarding the right to keep and bear arms. House Bill 928 (HB928) and House Bill 1076 (HB1076) were both passed by a vote of 3-1, with one abstaining.
Both bills would require the entire state apparatus, including local governments and agencies, to refuse to enforce, assist or aid in enforcement of federal gun laws. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here)
This mass noncompliance with an unconstitutional federal act is both constitutionally sound, and very effective. Read more about it here. A future legislative session could also address how to further prevent federal enforcement should these steps prove to not be effective enough.
HB1076 focuses on any new federal gun restrictions which may come from the federal government. It says, in part, that any government or agency in the state of Texas:
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.
HB928 is far broader in its scope and effect as it covers most all federal laws and rules regarding firearms already in existence as well. It reads, in part:
An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition that remains exclusively within the borders of this state if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.
The next step for both bills will likely to go to the Calendars Committee. This committee prepares the daily calendar — all the bills out of the calendar committee — and oversees preparation of the daily supplemental calendar, which combines pending business from the previous day that didn’t make it to a final reading, and bills that are ready for a second reading. The Calendars Committee also determines the importance of a bill or resolution. For instance, bills on final reading and pending items, get top priority.
From there, the full Texas State House will have an opportunity to vote on both HB928 and HB1076. The Tenth Amendment Center urges support primarily for HB928, because it deals with the status quo. But, either bill moving forward will be a good steps for Texas.
ACTION ITEMS for Texas
1. Contact your State representative. Let him or her know that you’d like to see them co-sponsor HB928.
Contact information here:
2. Follow the Texas Tenth Amendment Center and join the 2nd Amendment group for Texas:
LEGISLATION AND TRACKING
If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation:
The 2nd Amendment Preservation Act.
Track the status of 2nd Amendment preservation legislation in states around the country HERE
ADDITIONAL READING AND RESOURCES
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