Any future federal laws passed by Congress or executive orders imposed by President Barack Obama aimed at restricting the ownership of semi-automatic guns or limiting the size of magazines will be considered illegal in Texas — that is, if a newly proposed bill makes it through the Texas legislature.
GOP Rep. Steve Toth said he plans to introduce the “Firearms Protection Act,” which calls for felony criminal charges to be filed against any federal official who tries to enforce new gun-restricting regulations in the Lone Star State.
(Steve Toth for Texas)
“If a federal official comes into the state of Texas to enforce the federal executive order, that person is subject to criminal prosecution,” Toth told 1200 WOAI’s Joe Pags Tuesday.
Federal officials would face a $50,000 fine and up to five years in prison for attempting to enforce a federal gun ban, according to Toth.
“It is our responsibility to push back when those laws are infringed by King Obama,” Toth said.
Toth says he will file his measure after speaking with the state’s Republican Attorney General, Greg Abbott, who has already vowed to fight any federal measures which call for restrictions on weapons possession.
Toth concedes that he would welcome a legal fight over his proposals.
“At some point there needs to be a showdown between the states and the federal government over the Supremacy Clause,” he said.
The Supremacy Clause is the portion of the Constitution which declares that federal laws and statutes are ‘the supreme law of the land.’
The proposed legislation comes less than a week after Wyoming lawmakers proposed a similar measure to protect the state from future federal gun control laws.
Do you think Wyoming and Texas are within their rights to protect their states from federal gun control measures?
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Comments (152)
media-bias-steals-elections
Jan. 16, 2013 at 7:04amI blame the media and their executives for failing to demand public awareness that gun control is nothing more than “common sense infringement on the right to bear arms”.
They should be sued, along with all the public defenders out there that fail to protect the constitutional rights of their clients?
You want fame and glory there’s your ticket?
I’m going to try to call Rush Limbaugh today, and demand answers, why does the media not fight the phrase “gun control” when it is really common sense infringement on the right to bear arms”?
New York citizens that bought a pistol that can shoot more than ten rounds, have to buy new ones, or get thrown in jail? What? What do you call a shot gun shell, other than rapid fire, high capacity, multiple rounds “assault weapon”? What the hell else is the term “arm” use for other than to assualt?
Of course an “arm” is an assault weapon, that’s what “arms” do?
Holy Dog Bark…..
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leasecommander
Jan. 16, 2013 at 6:54amI’m from Texas and I hope the state legislature passes Mr. Toth’s bill, so we, in Texas, can tell Mr. Obama to take his elitist politics and unresearched policies somewhere else. The second amendment is very straight forward and very clear, Mr. Obama you have no legal grounds to do what you are doing and I hope the American people rally against the power grab by this administration and I hope that the US congress has the courage to strike Mr. Obama down on his abuse of power of his office.
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What the Heck
Jan. 16, 2013 at 6:51amThere was a time I thought prayer in school was good, but we have progressed to a mulit -faith nation and I do not want my kid praying to a moo slim god. Since we did not declare America a Christian English speaking nation we are now over run with Moo slims and atheists, that speak heaven knows what. So not so pro prayer any more.
As for a Constitutional Convention, we would open ourselves up to lose our Rights because of the liberal progressive states out number the conservative freedom loving states. So, not so sure I would ever want to put our rights on the line for a possible loss.
Times are changing and the takers are more and more in control. Romney was right, 47% or more are on the take so we are close to the tipping point. They will never vote to lose their goodie bags.
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bikerdogred1
Jan. 16, 2013 at 6:45amTime to make the king a slave.
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tx_plowmule
Jan. 16, 2013 at 6:34amTexas Independence ! http://www.youtube.com/watch?v=1Ttg-8EJRl0 “Texas will again lift it’s head and stand among the nations. It ought to do so, for no country upon the globe can compare with it in natural advantages.”- Sam Houston
GOD bless Texas and “MAY THE SPIRIT OF THE ALAMO NEVER DIE !” ” The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” “When the people fear their government, there is tyranny; when the government fears the people, there is liberty. ” THOMAS JEFFERSON ,,!,, ,,!,,
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liltexasgal
Jan. 16, 2013 at 5:35amEveryone needs to call their own governor and see if any protective measures are being considered for their state.
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Diane TX
Jan. 16, 2013 at 4:06amWe all need to speak up. We aren’t concerned about hunting and target practice. We want the best gun we can own when the “government” decides we aren’t thinking to their “standards”.
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gz22ll
Jan. 16, 2013 at 2:24amThere might be a legal reason states can limit gun ownership but what constitutional provision do they use to pass “assault” gun bans? They passed one in 1994 and I assume it was constitutional so how was it so? Are they hiding under the Interstate Commerce clause or is there a specific gun manufacturer law? If a gun manufacturer were to have a plant in Texas and only made and sold the guns in Texas would that still apply? They would still have to have Federal license.
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Colklink1957
Jan. 16, 2013 at 1:31amThe Constitution is very clear, it does not need, interpetation, or evaluation. So stop trying to evaulate it, The rights shall not be infringed.. I am sick of progessives, liberals, and arrogant body parts trying to tell me what it says, Its as clear as the air, Like climate change, and all the other crap they put out, its all a play on words, a sham, political correctness, Jezz, I am fed up with it all. The Federal Govt, can go f… itself, Sorry, just really mad about the whole fracking thing,.
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jabatten
Jan. 16, 2013 at 1:30amI believe the States, more precisely the people of a State, are within their legal rights if voted into law by the people. What happened to the days where the federel government was there to work WITH the states not AGAINST the states?
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crusaderx9
Jan. 16, 2013 at 12:51amViolating the Constitution is like committing Murder – it doesn’t matter if the system convicts you of murder, if you did the deed against a family member I’m not going to agree that a corrupt jury or bench (Judge) satisfies justice. Lawlessness and corruption in the ruling class cannot be rewarded for the fact that they are lawless and corrupt.
Americans are capable of determining if their God Given Rights are being violated. Whether or not an activist Judiciary or a political ruling class agrees to the corruption is a different matter altogether.
If the law does not apply to the president or any other government official, then We the People must act to ensure our freedoms do not perish.
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Southernsoul
Jan. 16, 2013 at 12:38amI’m with you CATB, Glenn is way off on this one. Assume a passive stance on this and you’ll be doing it from a FEMA camp for certain. The progressives have already ready said they are prepared to kill millions of desenters. And didn’t they buy up tons of extra ammo? Hmmmm, wonder what that could be for? Glenn has the voice, but he’s afraid to lead. This is where we need to draw the line.
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crusaderx9
Jan. 16, 2013 at 12:37amWell my fellow American Patriots. Time to pay up for the years you have been fortunate to live in a free America. Our Founding Fathers knew this tragic day would come and their wisdom has been preserved for us to read, which foretold of our current state of the Union.
Enjoy the civil war – it is what you make of it!
===
James Pepper: What are you going to do?
John Simpson Chisum: What I had done twenty-five years ago. Pat, get the men out of South Camp. Trace, you round up everybody that can ride a horse or pull a trigger. Let’s break out some Winchesters!
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stevetherealist
Jan. 16, 2013 at 12:34amthe third archon has it exactly right….its like teaching angry children isn’t it?
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raybaker35
Jan. 16, 2013 at 12:34amNew Yorkers just got their 2nd amendment murdered, and no one seems to care. Most women, and most people under 35 support it. They support it.
And the times they are a changing.
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NEL
Jan. 16, 2013 at 12:20amSECTION 2: PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS
A. The _______ County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.
B. It shall be the duty of the Sheriff of this County to take all measures as may be necessary to prevent the enforcement of any federal acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States.
SECTION 3 EFFECTIVE DATE
A. This act takes effect upon approval by the _______ County Board of Commissioners.
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NEL
Jan. 16, 2013 at 12:19amDonate Legislative Tracking Tenther Gifts! TRX: Tenther Radio Become a Member Tenther Blog Nullify Now Tour Talking Points TAC Brochures In the News
2nd Amendment Preservation Act
This legislative package is a state-level response to constitutional violations of the 2nd Amendment by the federal government. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.
Scroll down to see local legislation that can be used in your county, city or town.
*******
AN ACT, which shall be known and may be cited as the “2nd Amendment Preservation Act.”
To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.
THE PEOPLE OF THE STATE OF (STATE) DO ENACT AS FOLLOWS:
SECTION 1 The legislature of the State of ____________ finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
B. All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the 2nd Amendment
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NEL
Jan. 16, 2013 at 12:12am10TH AMENDMENT
The 10th Amendment Movement is an effort to push back against unconstitutional federal laws and regulations on a state level. The principle is known as “nullification,” and was advised by many prominent founders.
NULLIFICATION
Nullification: When a state “nullifies” a federal law, it is proclaiming that the law in question is void and inoperative, or “non-effective,” within the boundaries of that state; or, in other words, not a law as far as that state is concerned
HISTORY
History of Nullification: While the media generally portrays nullification as being solely aligned with the efforts of the nullifiers of the South and the Civil War, this is certainly false, and reeks of misinformation. Nullification has a long history in the American tradition and has been invoked in support of free speech, in opposition to war and fugitive slave laws, and more. Read more on this at thetenthamendmentcenter.com
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eadamico70
Jan. 15, 2013 at 11:45pmOk. I have to say this, I’m watching Cspan and there was a conference with Johns Hopkins University Dept. of Public Health and Research. They came up with 33 recommendations in which they have given to VP Biden and Congress. All of their recommendations coincide with Obama’s no doubt. What ticks me off so bad is they claim to have done two weeks of polling 2500 people from different political backgrounds and non-gun and gun owners and most of them agreed w/most of their recommendations.
Imagine that, 2500 people accounts for the entire Nation of America. Are you kidding me??? Really people? This is a joke! What’s worse, is that people will go w/these recommendations saying “according to their polls, most Americans agree.” Great, now I can’t sleep because of this.
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Dirtdigger67
Jan. 15, 2013 at 11:13pmI still can’t understand how these fools think this will work ? It can’t be good and if they keep pushing crap down our throats sooner or later it’s going to come back up. I just don’t see how he thinks he can bypass our elected congress and not have a problem at some point enough is enough. We got Obama care trillions in debt higher taxes and now guns!! And it’s not like the king won by a long shot but he sure acts like he did. If more republicans got out and voted we would not be talking about this. Elections have consequences and boy the past two sure have thanks to all who did not get off their butts and vote
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tharpdevenport
Jan. 15, 2013 at 11:03pmFederal law does not supercede guranteed Constitutional rights; Texas is in the RIGHT.
However, Toth is wrong about having “at some point” a legal battle with the government; this battle will occur under Obama, and in a Supreme Court that hasa swing vote that last time, swung for Obama (Justice Roberts — no, we haven’t forgotten about you, Roberts). It’ll be fought until it reaches the Supreme court, and by the time it does, one of the justices will likely have retired, or passed away, and Obama will have appointed (during a recession) another left-wing radical American-hating nutjob, and then there will be no swing vote (if the one replaced is on our sde), there will be the DEATH of the second amendment.
At that point, being Ghandi won’t suffice.
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The Third Archon
Jan. 15, 2013 at 11:16pm“Federal law does not supercede guranteed Constitutional rights; Texas is in the RIGHT”
No, actually Texas is in the wrong–true, federal statutory law is superseded by constitutional law, but the Texas LEGISLATURE doesn’t have the AUTHORITY to say what constitutional law IS, or whether or not it invalidates a federal law (and CERTAINLY not a federal law it hasn’t even SEEN yet, because it doesn’t EXIST yet). It’s the COURTS’ jobs to hold federal statutory laws unconstitutional–if they do THAT, THEN enforcement of those laws would be invalid.
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Dirtdigger67
Jan. 15, 2013 at 11:25pm@3rdarsehole go away troll
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environmentalandawake
Jan. 15, 2013 at 11:38pmThe Problem is that the Supreme Court tends to decide on cases based on Moral Interpretude rather than pure law. We need to clean the whole mess out and start over even if it takes 8 years to get it done!!!! Time to organize and disrupt their cozy little system
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MisterSarcastic
Jan. 15, 2013 at 11:46pmAny politician or group of politicians who pass a gun control law and any judge or panel of judges who uphold said law is doing so illegally and unconstitutionally. It’s called activism.
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Dismayed Veteran
Jan. 16, 2013 at 10:25amThe 3rd is mostly correct in what he writes. The beauty of the states passing laws like this is they can tie up the federal government in court and force the issue state by state.
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krjones
Jan. 15, 2013 at 11:00pmI thought Texans were going to just say no and let them take them to jail. Passive resistance… Did I hear wrong?
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denkat56
Jan. 15, 2013 at 10:46pmIt’s god given right to defend yourself,family from criminals. This right is garranteed by the 2nd amendment. Only a full fledged egomaniac, and wannabe dictator Obama’s new world order. Backed the limp wristed democrats and liberals. All financed by Soros and his group, wanting total and complete world domination.
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woodyee
Jan. 15, 2013 at 10:45pmWhy is it that these “heads of State” know what’s coming down the pike, and we, their employers, are left to guess until Gaybama parts his lips, as if for some bath-house troll, and tells us what he wants to do?
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thegreatcarnac
Jan. 15, 2013 at 10:42pmIf there is another civil war the South and the west (except the west coast) will carry the brunt. We will not fight in a long line like we did in the civil war….it will be hit and run and we can do that forever. If this nation wants a lot of bloodshed, a lot of loss revenue, and it’s destruction….go ahead and side with this illegal Kenyan and try to regulate our guns….or take them. We will fight for the constitution forever.
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