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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.
“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?
Comment
Comment by Richard N. Rose on January 17, 2013 at 2:55am Steve,
It is my wish to see a group of politicians gather together and "do the right thing". Seems you have an idea, which begs the question..."are you serious"?
(http://www.bing.com/news/search?q=texas+legislator+steve+toth+calls...)
"YOU CANNOT BAN EVIL"
(http://www.youtube.com/watch?v=vn7bkncf1_E)
It was my pleasure to serve my Country in Vietnam as a US Army Green Beret. No brag, just fact. In fact I served honorably and received several valor awards for my actions in combat. I used a Colt AR-15, which held a 20 round magazine of .223 ammo. Through intense training, I could fire, empty my ammo magazine, reload with another magazine, in less than 2 seconds. Oh, how I wished I could have had a 30 or 60 round magazine. My best remedy was to carry 26 magazines with 20 rounds each and even then; I found myself short of ammo. A criminal can do the same, while a victim is hopelessly caught in an impossible situation.
In 1972 I took the oath of office again, as a sworn Police Officer. For the next 20+ years, I dedicated my life to getting the bad guys off the street. I did this with conviction. I and others were committed to remove from society, those who would do others, harm. I did so and made quite a good hand at it. In 1985, after many years of success, I filed a case against Betty Lou Beets, who had killed two husbands with a .38 Colt pistol. She was convicted of Capital Murder and became the second woman executed in Texas since Reconstruction. Her victims had no opportunity to defend themselves, as both were killed (on different dates) in the same home, in the same bed and with the same weapon. It was against the law to do so and she paid for it with her life. That weapon could hold, only, 6 rounds.
Remembering my oath to serve (swore to uphold the Constitution), I found it odd that a group of men and women, duly sworn as I had been, elected to change their minds about the Constitution, but had not resigned their jobs (elected positions) to do so. It was a startling day and I never forgot it. Amazingly many Police Professionals, have been prosecuted for violating the rights of citizens. Wonder why politicians seem to get a pass, for doing the same?
Over the next 40+ years, I was to witness many more attempts to "outlaw" guns; some attempts working and others not. Nevertheless, my heart keep splitting into, as I watched this Nation move "left" and my Party moving with it. (see www.libertygunrights.com)
It dawned on me, we were heading in a direction, other countries had gone and the outcome seemed scary. What could I do, I asked? So, I began this long grueling journey of informing others of what was happening. I joined with other forces and helped organize the Lone Star Tea Party. Since then, I have been on the job, every day.
The "gun" issue cannot be remedied by making it illegal to possess, without violating my Constitutional Rights. That does not seem to matter to the current power in Washington. The Second Amendment is there for one reason and one reason only. Oh yes, we here politicians bringing up the topic of hunting, shooting, crime and the like, but the "Second" is about me the citizen protecting myself against, yes, YOU and the rest of our elected officials.
By your actions and intentions, I would suppose you understand what I have said. Man, I sure hope so. I have watched with many disappointments, while our leaders make rules and regulations, right and left on guns, with little success. We should not have to defend that which has been the "Supreme Law of the Land" for over 200 years. Guns do not kill people, people kill people. If the government was the only entity owning guns, then we the people, would be helpless to defend ourselves against a tyrant.
However, we are now in a different place; surrounded by left wing radicals in our government, from top to bottom. Of course, they do not want us to own guns. One can only hope we do not end up, like many of the Nations, who have heretofore made guns illegal. Your, intention is honorable, but that is not enough. I can only imagine, how many legislators who have called you, over this matter. The halls of Texas must be buzzing.
No local, state, or federal police agent should have the right to take my gun from me without due process and probable cause. They, each, have sworn to protect the Constitution, thus protecting my rights. I demand they do so. Furthermore, I demand my government provide me with the necessary protection, already, afforded me under the United States Constitution.
I commend you for stepping up. You need not be reminded, we are not easily convinced of your sincerity. You will have to prove that. Yes, I am aware I do not live in your district. Seek me out for "our" support and stay the course. We the People are behind you. Let us be your "backup", but take your bill to the floor for an up and down vote, as we the people want to document those who would deprive us of our Constitutional Rights. If you do not follow through, we the people will know and act accordingly. We will be an ever present watchful eye on the progress of this legislation, throughout its procedural path.
Respectfully Submitted,
RICK ROSE
LIFE MEMBER:
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BEING FORGOTTEN IS"
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misery.” –Winston Churchill
Comment by Dave Sommers on January 16, 2013 at 5:07pm This will never pass,we have too many gutless RINO's with Strauss leading the way,so dissappointed in our leadership,but,we get what we vote for!
Pe;rhaps what we need here in Texas is a petition drive for important bills that, like the Whitehouse is doing, if there are enough people to sign a petition the Whitehouse will reply...this would, if implemented here in Texas, force Straus to respond. In fact, he could possibly see some situations where it would be he ALONE might be against a plurality of residents. That he could not shirk, don't you think?
Comment by gary nelson on January 16, 2013 at 7:30am I hope it passes but very unlikely because of rino Joe Straus. We shall see I will pray and be prepared if Obama is not impeached.
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