BREAKING: Texas Is Preparing to Defy Barack H. Obama on Massive Issue
In spite of President Obama’s massive incursion on the rights prescribed to the states under the Tenth Amendment, surprisingly few states have pushed back at the White House. However, if there’s one state that’s never afraid to mess with the federal government, it’s the one that tells you up front not to mess with it: Texas.
According to gun rights website shallnot.org, a Texas legislator has introduced a bill that would seek to nullify almost all federal gun control legislation within the state’s jurisdiction.
Texas House Bill 176 seeks to hold “all federal restrictions” on firearms to be and “invalid” and “not enforceable” in the Lone Star State. It was introduced by Tim Kleinschmidt, a Republican representative from Giddings, Texas.
“A federal law, including a statute, an executive, administrative, or court order, or a rule, that infringes on a law-abiding citizen’s right to keep and bear arms under the Second Amendment to the United States Constitution or Section 23, Article I, Texas Constitution, is invalid and not enforceable in this state.” HB 176 reads in part.
It lists four specific types of federal acts which wouldn’t be enforceable: firearm taxes or fees, weapon registration, prohibitions on possession, sale or transfer of a firearm, andconfiscation of firearms.
Violators in the state government would be subject to a lawsuit.
The shallnot.org article points out that there is precedent for such an act. In the 1997 U.S. Supreme Court decision Printz vs. U.S., the court ruled that a state cannot be enjoined to use its own manpower in order to enforce federal statutes.
In the majority ruling, Justice Scalia stated, “The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.”
Kleinschmidt is a three-term representative, recently re-elected to a fourth, who has developed a reputation for gun rights legislation. Last year, he helped pass a bill that prohibited colleges and universities from enacting rules banning legally-carried weapons.
Now, if only we could get another 49 states to follow Texas’ lead and stand up for the Constitution…
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