87R45 LHC-F

By: TothH.B. No. 112



A BILL TO BE ENTITLED

AN ACT
relating to the enforcement of certain federal laws regulating
firearms, firearm accessories, and firearm ammunition within the
State of Texas; creating a criminal offense. This brilliant Texas legislator hasn't read the Supremacy Clause.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The Legislature of the State of Texas finds that:
             (1)  The Tenth Amendment to the United States
Constitution reserves to the states and the people all powers not
granted to the federal government elsewhere in the constitution, as
those powers were understood at the time Texas was admitted to
statehood in 1845.  The guaranty of those powers is a matter of
contract between the state and people of Texas and the United States
dating from the time Texas became a state.
             (2)  The Ninth Amendment to the United States
Constitution guarantees to the people rights not enumerated in the
constitution, as those rights were understood at the time Texas
became a state.  The guaranty of those rights is a matter of
contract between the state and people of Texas and the United States
dating from the time Texas became a state.
             (3)  The Second Amendment to the United States
Constitution guarantees the right of the people to keep and bear
arms, as that right was understood at the time Texas became a state.  
The guaranty of that right is a matter of contract between the state
and people of Texas and the United States dating from the time Texas
became a state.
             (4)  Section 23, Article I, Texas Constitution, secures
to Texas citizens the right to keep and bear arms.  That
constitutional protection is unchanged from the date the
constitution was adopted in 1876.
       SECTION 2.  Title 8, Penal Code, is amended by adding Chapter
40 to read as follows:
CHAPTER 40.  THE TEXAS FIREARM PROTECTION ACT
       Sec. 40.01.  SHORT TITLE.  This chapter may be cited as the
Texas Firearm Protection Act.
       Sec. 40.02.  DEFINITIONS. In this chapter:
             (1)  "Firearm" has the meaning assigned by Section
46.01.
             (2)  "Firearm accessory" means an item that is used in
conjunction with or mounted on a firearm but is not essential to the
basic function of the firearm. The term includes a detachable
firearm magazine.
       Sec. 40.03.  STATE AND LOCAL GOVERNMENT POLICY REGARDING
ENFORCEMENT OF FEDERAL FIREARM LAWS.  
(a)  This section applies to:
             (1)  the State of Texas, including an agency,
department, commission, bureau, board, office, council, court, or
other entity that is in any branch of state government and that is
created by the constitution or a statute of this state, including a
university system or a system of higher education;
             (2)  the governing body of a municipality, county, or
special district or authority;
             (3)  an officer, employee, or other body that is part of
a municipality, county, or special district or authority, including
a sheriff, municipal police department, municipal attorney, or
county attorney; and
             (4)  a district attorney or criminal district attorney.
Well, state and local governments don't enforce federal law. Never have.
       (b)  An entity described by Subsection (a) may not adopt a
rule, order, ordinance, or policy under which the entity enforces,
or by consistent action allows the enforcement of, a federal
statute, order, rule, or regulation enacted on or after January 1,
2021, that purports 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, a registration requirement, or a
background check, that does not exist under the laws of this state.
That's nice, but already illegal under current Texas law.
       
(c)  No entity described by Subsection (a) and no person
employed by or otherwise under the direction or control of the
entity may enforce or attempt to enforce any federal statute,
order, rule, or regulation described by Subsection (b).
They don't do it now.
       (d)  An entity described by Subsection (a) may not receive
state grant funds if the entity adopts a rule, order, ordinance, or
policy under which the entity enforces any federal law described by
Subsection (b) or, by consistent actions, allows the enforcement of
any federal law described by Subsection (b).  State grant funds for
the entity shall be denied for the fiscal year following the year in
which a final judicial determination in an action brought under
this section is made that the entity has violated Subsection (b).
"or....allows the enforcement of any federal law described..."? Yeah, state and local LE stopping ATF/FBI/DEA from doing their job? I want video!
       (e)  Any citizen residing in the jurisdiction of an entity
described by Subsection (a) may file a complaint with the attorney
general if the citizen offers evidence to support an allegation
that the entity has adopted a rule, order, ordinance, or policy
under which the entity enforces a federal law described by
Subsection (b) or that the entity, by consistent actions, allows
the enforcement of a law described by Subsection (b).  The citizen
must include with the complaint any evidence the citizen has in
support of the complaint.
       (f)  If the attorney general determines that a complaint
filed under Subsection (e) against an entity described by
Subsection (a) is valid, to compel the entity's compliance with
this section the attorney general may file a petition for a writ of
mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in a county in which the
principal office of the entity is located.  The attorney general may
recover reasonable expenses incurred in obtaining relief under this
subsection, including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition costs.
       (g)  An appeal of a suit brought under Subsection (f) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure.  The appellate court
shall render its final order or judgment with the least possible
delay.
       (h)  A person commits an offense if, in the person's official
capacity as an officer of an entity described by Subsection (a), or
as a person employed by or otherwise under the direction or control
of the entity, or under color of law, the person knowingly enforces
or attempts to enforce any federal statute, order, rule, or
regulation described by Subsection (b).  An offense under this
subsection is a Class A misdemeanor.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.

Quoted:
Another attempt to pander to gun owners. State laws like this have ZERO effect on your freedoms.

"Firearm Freedom Laws" do not eliminate federal firearms laws due to the Supremacy Clause.
Local and state LE don't enforce federal law anyway.


Every politician that introduces this type of legislation is trying to show how much he/she supports the Second Amendment, but in fact is substituting bullshit for real legislation.


How about not introducing bills that offer zero benefit. Bills like this confuse the public and for those unaware of the Supremacy Clause cause a lifetime of grief.....just ask Shane Cox and Jeremy Kettler how the Kansas Second Amendment Protection Act worked out for them.

Not one bit of this bill ends any federal firearms law or how its enforced. But yay!!!!! another freedom law is good! No, it isn't. We need LESS laws, not more.

How about a bill removing all Texas state laws regarding firearm possession and use except for criminal acts?
How about a law letting teachers carry firearms on school property?
How about constitutional carry?

Quoted:
This bill is not only a joke, but a huge waste of pro-gun people’s efforts. If you want to do something worth a shit, get behind getting Constitutional Carry passed. Then push to get rid of more gun free zones. Both would do a lot more than this bill does.

Quoted:
This bill is not only a joke, but a huge waste of pro-gun people’s efforts. If you want to do something worth a shit, get behind getting Constitutional Carry passed. Then push to get rid of more gun free zones. Both would do a lot more than this bill does.

Quoted:


Tell me more about Constitutional Carry so this would do away with the CHL?

Quoted:



With Respect Dogtown Tom, perhaps we need to adopt the winning tactics of the Left in some things.

Is Marijuana STILL illegal on the Federal Level? Last time I checked it still was.

YET, it is "Legal" / "Decriminalized" in a significant number of States, who have essentially given the Bird to the "Supremacy Clause" & the Feds.

So, if Xiden & Ho Chi Harris decide to go after our guns, we treat it the same way other states do Pot.  

We have a Governor, we have the Legislature, we have many local Sheriffs who would support such.

Am I wrong to think such a thing as "Texas gives the Finger  to Gun Laws - Says it will NOT Comply" is possible?

Quoted:
The sheriffs aren't going to engage in a firefight for your fucking suppressor, bro.

Quoted:
What good will constitutional carry be if the guns you want to carry are banned by the federal government?

As far as the supremacy clause goes, there is a long history in the US of states nullifying federal laws. Marijuana laws are a prime example of this in modern history. You have pot shops setup in many states that are not hiding themselves. Pot farms in a state are growing it. The same can be done for guns.

It’s time our local and state governments start practicing the doctrine of the lesser magistrate.

Quoted:


Sorry but you are really wrong. The FED will crack down on gun owners using FED officers/troops. Why not treated like marijuana? Well the DUMBocrats and even Republicans don’t hate people who use marijuana. The DUMBocrats hate gun owners and will make them pay for supporting the conservative Republicans and President Trump.

Passing this bill does nothing except waste time from passing better bills.

Quoted:

I'm actually salivating at the though of the next gun rights lawsuit to reach this Supreme Court.

Quoted:
I'm actually quite pleased that some of the "conservative" Justices (and Chief Justice) are turning out to be more libertarian than conservative.  

But, yeah, I totally want to see some big 2A cases hit this SCOTUS.  

Quoted:
As is GOA and NAGR.

Quoted:

Is GOA useless? I’ve haven’t heard this before, maybe just because they are not as high profile as the useless NRA.

Quoted:

I don't know why you think I would disagree. FPC and the Second Amendment Foundation do the great legal work.

Quoted:
I've never heard anyone but you mention the NAGR.  Are they new?...

Quoted:
Is GOA useless?

Quoted:

No, I don't think you've ever walked the halls of Congress nor do you know how successful lobbying works.  Campaign contributions are not lobbying.  Dollars are always wanted, but they don't walk and talk and build relationships that make things happen at just the right time.  They also don't guarantee votes, which is what Congress critters really value.  Dollars are just a way to try to get votes.

Quoted:

Are you a registered lobbyist?
I ask because lobbying sure as hell involves campaign contributions.

Quoted:

So you have no more experience in lobbying for gun rights in the halls of Congress than RenegadeX.....whose experience and knowledge you belittle?
Good grief.

Quoted:


Can anyone name a single bill they got passed, either in Texas or Nationally? Any bills they stopped?

Any one every get certified by GOA?

Anyone ever been to their range? Museum? Get gun insurance?

Any Democrat ever say, if it wasnt for GOA, we would have more Gun Control?

GOA and others are just places for people who hate NRA to send their money and feel good about themselves. They accomplish nothing.

NRA and SAF are the only two organizations that have any successes.

Quoted:


He tried to move the goal posts from what has GOA accomplished, to who walks the halls of congress the most....

The sad fact is, in most of our lifetimes, there have only been 2 major legislative successes at the Fed level. FOPA and PLCAA. and NRA delivered both. And even FOPA had 2 losses within it. At the Judicial level, 2 successes of the same kind, Heller & McDonald. delivered by SAF. That is it.

Quoted:

Your inability to read about FPC's success notwithstanding, I think you're the one who has moved the goalposts.