Texas - bill to nullify federal firearms laws, actions or court rulings

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It is always interesting and encouraging to see such legislation proceeding in the states. Others, such as Wyoming, have actually passed such laws including criminal penalties against any federal officer attempting to enforce new and restrictive firearms laws within its borders.

Realistically such state laws are probably symbolic at best, really little more than sending a message to Washington, DC in hopes of telling federal authorities to back off on this issue. I would expect the fullest possible demonstration of federal power against any state that attempted to enforce such laws. It wouldn't surprise me if USDOJ has already drafted the writs of habeus corpus to spring federal officers, and arrest warrants for state officials involved, ready to fill in the names and dates and take to a friendly federal judge for signature.

It would provide a very entertaining dust-up if such confrontations ever came to pass. Is a state governor ready to call out the National Guard to back up state and local authorities in a confrontation with federal officers? Are state National Guard officers (and troops) willing to stake their commissions and futures in order to comply with state orders, probably in light of simultaneous 'federalization' orders from DC? Might it happen that any such actions be interpreted as being in an open state of rebellion, justifying the imposition of martial law (suspension of all civil liberties during military occupation and control)?

Even if none of the above extremes came to pass, we can be pretty certain that every single dime of federal monies (highway funds, education funds, food stamp funds, unemployment funds, and all the other purse-strings controlled by the federal government) will come to a complete halt immediately. Restrictions on banking and commerce would also be very likely.

In short, when push comes to shove a state government would have to realize that it is within spitting distance of a civil war.
 
Those of us old enough can remember the "Silent Majority" and I believe that's what's occurring here. Most people don't involve themselves in political issues, and gun control is one of them. But organizations, such as the NRA, don't obtain their power and support from just its members, there's support from this Silent Majority. One indicator is the dramatic increase in gun sales in certain parts of our country. And people living outside these areas are watching and asking themselves "what if that were my community, could I buy a gun to protect myself"?. That's where real support for gun ownership comes from and this story is a reflection of that.
 
Article six, Clause two of the U.S. Constitution says that ain't going to fly.


"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
 
Federal law takes precedent over State law. Pretending otherwise is a futile exercise in stupidity.

[Amendment X]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
 
Ignoring Federal law seems to work with recreational MJ, at least for now.
 
Article six, Clause two of the U.S. Constitution says that ain't going to fly.


"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

Isnt there something that is said that since Texas was its own Country at one time--and none of the other States have had that background--that things are slightly different here.
 
When walking on thin ice, listen for two things...cracking sounds and Gorilla Growls.....;)

I think I'll ease back towards solid ground:)

I believe we are on fairly solid ground. After all, the discussion is about a 2nd Amendment issue; whether or not Texas can in effect nullify Federal laws the State believes to be in violation of that amendment.
 
I think the Firearms Freedom Act has a better chance of successfully challenging Federal authority. Tennessee and a handful of other states have passed it. Texas and a majority of other states have introduced FFA legislation.

The FFA premise is that guns manufactured and sold within the state are not subject to Federal regulation based on the commerce clause.

I would not want to be the first guy running around with a Tennessee manufactured machine gun absent a stamp, but I guess a case will eventually come up and we'll see.
 
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Wishful Thinking

In some localities, federal agents did indeed run the risk of local arrest where such local law enforcement may be corrupt. Consequently, the federal government had some sort of escape clause where an agent, charged under local laws, would have his case moved into the federal court system and ultimately quashed except where he indeed committed a real offense such as DWI with injury or fatality.

I'll have to agree with the others that in a showdown, the Feds will win. The feds may be soft or lack decisiveness on criminals and terrorists but they will bear their teeth on anything that remotely smells of insurrection.
 
Texas is dependent on federal funds. When you're dependent on the federal govt you do as they say or find yourself someone else willing to pick up the slack.
http://www.lbb.state.tx.us/Federal_Funds/Other_Publications/583_Top 100 Fed Funds in Texas.pdf
Look at page 2.

That's not necessarily true. All your example does is state how much money Texas gets from the fed. There are (4) SC decisions that support nullification. The states are on solid ground here. They don't have to enforce fed laws and withholding funds won't fly according the SC.



Finally, the Court ruled that the federal government cannot force the states to act against their will by withholding funds in a coercive manner. In Independent Business v. Sebelius (2012), the Court held that the federal government can not compel states to expand Medicaid by threatening to withhold funding for Medicaid programs already in place. Justice Robert Kennedy argued that allowing Congress to essentially punish states that refused to go along violates constitutional separation of powers.

States Don?t Have to Comply: The Anti-Commandeering Doctrine | Tenth Amendment Center
 
The next two years will certainly be interesting. I have several lawyer friends who are astonished at the happenings of the last couple of weeks.
 
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