The regular Texas state legislative session is over. Unfortunately, the “come and take it” bill on federal firearms “laws” (HB928) was held up in the senate and did not pass. But, representative Krause has refiled the legislation for the special session – and it’s up to Rick Perry to help move the bill forward.
House Bill 15, the new HB928, is Texas’s Second Amendment Preservation Act. The only way to get HB15 to move forward is to get Governor Perry to add the bill to the special session – by having him bring all gun related legislation up for consideration under the Special Session. Otherwise, the 2nd Amendment Preservation act is dead for this year.
HB928, had huge grassroots support, and was killed by a legislator last minute. The Tenth Amendment Center needs your help right now on HB15. Show your grassroots support for the right to keep and bear arms, and support to stop the federal government from infringing on that right. Help move HB15 forward!
ACTION ITEMS for Texas HB15
1. Contact Governor Rick Perry. Call Governor Perry’s office. Tell the secretary that you want Governor Perry to add gun-related bills to the Special Session. Explain that HB928 moved very quickly and was squashed all of a sudden at the whim of a lone legislator.
Hotline for non-Austin residents: (800) 843-5789
Hotline for Austin Residents: (512) 463-1782
Alternative phone (main switchboard): (512) 463-2000
2. Connect with us on Facebook. Follow the Texas Tenth Amendment Center and join the 2nd Amendment group for Texas:
3. Introduce legislation locally. If HB15 fails to get a special session, that doesn’t mean the fight is over. Introduce resolutions and ordinances in your city, town or county. Stop federal “laws” that infringe on the right to bear arms.
Model legislation can be found here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/
If passed into law, HB15 would require that the state refuse to enforce almost all federal gun control measures enacted at anytime – past, present or future. 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 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.
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). Quite simply, the federal government absolutely cannot enforce gun control in Texas without the help of 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.