Texas and Nullification

Posted: January 15, 2013 by ShortTimer in Government, Guns, Liberty, Texas, Tyranny, United States Constitution, Wyoming

Four days ago, Wyoming got moving on a bill to nullify any federal gun laws that would make illegal modern arms.

Today, Texas is doing the same.  Whole thing from 1200 WOAI in San Antonio:

A Texas lawmaker says he plans to file the Firearms Protection Act, which would make any federal laws that may be passed by Congress or imposed by Presidential order which would ban or restrict ownership of semi-automatic firearms or limit the size of gun magazines illegal in the state, 1200 WOAI news reports.

Republican Rep. Steve Toth says his measure also calls for felony criminal charges to be filed against any federal official who tries to enforce the rule in the 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.  He says his bill would make attempting to enforce a federal gun ban in Texas punishable by a $50,000 fine and up to five years in prison.

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.

The TSRA has already reported via email to members that Texas AG Abbott would be responding to anti-gun measures within the state:

It’s the tweet that raised eyebrows and upset many. Tuesday, Texas Attorney General Greg Abbott posted a message that said “If Austin or Travis Co. try to ban gun shows they better be ready for a double-barreled lawsuit.”

From the other half of the WOAI story:

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.’

“It is our responsibility to push back when those laws are infringed by King Obama,” Toth said.

Remember Thomas Paine’s words on the Constitution:

But it will be first necessary to define what is meant by a Constitution. It is not sufficient that we adopt the word; we must fix also a standard signification to it.

A constitution is not a thing in name only, but in fact. It has not an ideal, but a real existence; and wherever it cannot be produced in a visible form, there is none. A constitution is a thing antecedent to a government, and a government is only the creature of a constitution. The constitution of a country is not the act of its government, but of the people constituting its government. It is the body of elements, to which you can refer, and quote article by article; and which contains the principles on which the government shall be established,  the manner in which it shall be organised, the powers it shall have, the mode of elections, the duration of Parliaments, or by what other name such bodies may be called; the powers which the executive part of the government shall have; and in fine, everything that relates to the complete organisation of a civil government, and the principles on which it shall act, and by which it shall be bound. A constitution, therefore, is to a government what the laws made afterwards by that government are to a court of judicature. The court of judicature does not make the laws, neither can it alter them; it only acts in conformity to the laws made: and the government is in like manner governed by the constitution.

The states are respecting the Constitution, and their citizens.  The imperial president is not.  That is why we are The United States, not “the big one”.

Comments
  1. […] gun drama continues. Read more about what we are doing on that here. Please note that Texas and Wuyoming now are considering nullification actions on the Federal gun law… And join us for Lobby Day including a VCDL Gun Rights Rally in Richmond on Monday. Click here for […]

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