Texas Democrat Proposes Legislation That Would Remove Sheriffs Who Refuse to Enforce Gun Control Laws From Office

Hundreds of sheriffs across the country have banded together and vowed not to enforce any new state or federal gun control legislation because they feel such laws would be in violation of the U.S. Constitution — the document they took an oath to uphold.

Glenn Beck recently hosted a number of these sheriffs on TheBlaze TV to discuss proposed gun legislation and why they are taking a stand.

Now, at least one lawmaker in Texas, state Rep. Yvonne Davis (D-Dallas), is proposing legislation that would remove any sheriff or law enforcement officer who refuses to enforce state or federal law. Keep in mind, sheriffs are elected by the people, not appointed by bureaucrats. In other words, the proposed bill would remove elected officials from office unless they enforce laws they feel violate the Constitution.

If found “guilty,” a court shall remove the person from office and disqualify them from public office for a period of 10 years.

Here’s the text of the bill (H.B. No. 2167):

Sec. 66.004.  FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) For purposes of Section 66.001, a person holding an elective or appointive office of this state or of a political subdivision of this state does an act that causes the forfeiture of the person’s office if the person:

(1)  wilfully fails to enforce a state or federal law in the course of the person’s official duties;

(2)  directs others subject to the person’s supervision or control as a public official not to enforce a state or federal law; or

(3)  states orally or in writing that the person does not intend to enforce a state or federal law in the course of the person’s official duties.

(b)  For purposes of this section, “law” includes any rule, regulation, executive order, court order, statute, or constitutional provision.

(c)  This section does not apply to a law:

(1)  that has been held to be invalid by a court with jurisdiction over the territory served by the officer; or

(2)  the validity of which is currently being challenged in a court with jurisdiction over the territory served by the officer.

(d)  The attorney general or appropriate county or district attorney shall file a petition under Section 66.002 against an officer to which Subsection (a) applies if presented with evidence, including evidence of a statement by the officer, establishing probable cause that the officer engaged in conduct described by Subsection (a). The court in which the petition is filed shall give precedence to proceedings relating to the petition in the same manner as provided for an election contest under Section 23.101, Government Code.

(e)  If the person against whom an information is filed based on conduct described by Subsection (a) is found guilty as charged, the court shall enter judgment removing the person from office and disqualifying the person from public office for a period of 10 years.

“Beware because once something like this is introduced in one state, it will be followed very quickly in several other states,” unnamed gun lobbyist told Washington Secrets.

Now, perhaps Yvonne Davis is just really passionate about all laws being enforced, however, the timing of the proposed bill is suspicious. The bill does not specifically mention gun control laws.

Four of the sheriffs refusing to enforce new gun control laws joined Beck on TheBlaze TV last month to explain why they are risking their careers to defend Americans’ gun rights on. Watch:

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One interesting point to remember: If such a law were passed in Texas or in other states, it would also apply to members law enforcement who don’t enforce federal immigration law as well as any other federal laws.

TheBlaze will continue investigating to see if similar laws have been proposed in other states.


Featured image via AP