Unconstitutional Texas Bill Would Make Enforcing Federal Gun Laws A Felony

Ian Millhiser
Think Progress / News Report
Published: Wednesday 16 January 2013
State Representative Steve Toth, R-Texas, 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.
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Texas State Rep. Steve Toth (R-TX), with the apparent support of at least one of Texas’ most powerful politicians, will introduce unconstitutional legislation subjecting federal law enforcement officers to arrest and prosecution if they enforce new gun safety laws in the Lone Star State:

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’s bill is wildly unconstitutional. The Constitution provides that duly enacted federal laws “shall be the supreme law of the land” — a provision known as the “Supremacy Clause” — and thus states are powerless to nullify laws their lawmakers don’t feel like complying with or to arrest federal officials for carrying out their lawful duties. This Clause applies both to valid Acts of Congress themselves and to properly authorized executive orders, as the President’s power to issue an executive order generally flows from an Act of Congress.

Strangely, Toth does not appear to question that his bill is unconstitutional. Rather, he told The Chad Hasty Show on Monday that his goal is to undermine the Constitution itself. In Toth’s words, “we want to do everything we can, especially as pertains to the Supremacy Clause. The Supremacy Clause gives the federal government — it basically trumps state law — which is wrong. And we want to do everything we can to undermine that.”



"Flies create garbage the

"Flies create garbage the same as guns create crime."

To control crime via the method of depriving the tools of crime, we better start banning from civilian use not only firearms but: vehicles, bats, golf clubs, fireplace pokers, crowbars, 2 X 4's, bricks, hammers, mallots, screwdrivers and other tools, eating utinsels, toothbrushes, pipes, anything glass, knick knacks, statues, bird baths, knitting/crochet needles and any other strikable or stabable object - to name just a few ...

The truth is that NO law, act, bill, declaration, directive, proclamation, executive order or treaty has EVER PREVENTED a crime. We will NEVER EVER be able to keep the tools of a criminals trade away from them by outlawing them. Remember Prohibition, it didn't work to reduce drunkeness or crime; in fact it increased it.

It is the sicko and criminal that commits crime, not the tool of the person commiting the crime. If we want to reduce crime; we must reduce the sickos and criminals; to do that we need to identify them and put them where they cannot be a threat to the rest of us law abiding and Creator loving people.

Our country was founded on the principle that each and every one of us have 'inalienable rights' given to us by God the Creator and they cannot be taken away from us by ANY human-made government.

All of our founding documents have one common theme: The freedom of choice within the constriants of the 10 Commandments. Because of this I will defend any US citizen's right to NOT own a firearm, as strongly as I will defend any US citizen's right TO own a firearm. I will defend this inalienable right of personal choice with my last breath.

Since 2009 (according to the FBI crime stats, CDC, WHO & Census stats) each year suicide now 'kills' more US citizens than vehicle accidents. Homicides (including ones without firearms) are NOT even in the top 10 causes of mortality of US citizens.

So yes, let us remember those taken from us by sickos and criminals and start attacking the root cause - the sickos and criminals!

Just as an FYI – MY life and the life of my (then) TWO YOUNG CHILDREN were SAVED because I HAD A FIREARM, knew how to use and did not hesitate to use it to defend myself until the police could arrive (a full 10 minutes AFTER I called 911)!!!!!!

PS - Since 1974 I have been a non-designated voter. I will NOT support the Democrats or Republicans with monies or my vote. They are flip sides of the same coin and have hijacked our representative government, debased the dollar, increased government, increased debt and inflation and pass laws for a federal dictatorship! My tax dollars should go to NO political party!!! Belonging to and supporting a political party is a CHOICE and should not be dictated!

"We have given you a Republic, if you can keep it." Benjamin Franklin

"Politicians and diapers must be changed often and for the same reason" Mark Twain

"Today is the Tomorrow that you worried about Yesterday"

And while we little pee-ons

And while we little pee-ons aren't allowed to have a "gun" (firearm) somehow the self described "elite" have their children protected by men with guns. They are protected by men with guns, but you are a third class citizen, and now in New York state are RETROACTIVELY made a criminal - even though this is constitutionally illegal too.

States have rights and the

States have rights and the Fed Govt legally has restrictions. It is not even technically allowed to have a police force according to the constitution.

The fact is that every one of these massacres is caused by a patient on psychotropic pharmaceutical drugs.

260 plus pages of these drugs killing selves and others - usually in smaller amounts than they did at Sandy Hook, Columbine, Virginia Tech, etc etc etc.

http://www.naturalnews.com/newstips/NewsTips.asp

Fact: the highest authority according to the Constitution is the American. All powers are derived from the consent of the governed. All powers NOT SPECIFICALLY DELEGATED TO THE FEDERAL GOVT ARE RETAINED BY THE STATES AND THE PEOPLE. The Feds are NOT granted constitutional authority to veto states on issues other than what is placed in federal purview BY the constitution of the USA.

Face it, the Constitution of the USA is what makes America what it was. If we follow the constitution of Mozambique, Communist China or Belgium, we are not the USA.

Similarly, when our congress makes laws in conflict with the constitution it literally attacks the Constitution. In the Constitution it is very clearly stated that ONLY CONGRESS can make a federal law.

NO president. Court. Agency. The presidential directive steals rights, constrains one's freedoms and actions and in every sense is a law. That means it is unconstitutional. Period.

It's starting to look as if

It's starting to look as if the nation of change is truly another dis-information outlet instead of a patriotic press. He is trying to undermine a clause that gives the pres/feds too much power. Their attempts to undermine the constitution even further with any executive order against the peoples rights to arm themselves however they see fit is in fact illegal. There are many exec orders that have been writtin into "law" over the last 12 years that are completely illegal, unconstitutional and over 2000% UN-AMERICAN. I will now be unsubscribing to your little web-paper now and will continue to hunt for the true patriots left in this country, and no alex jones isn't one of them either. Have Fun yall. Hopefully more people will awaken their minds and see the mechanism in from of them that is "nation of change" sounds like obama's first campaign doesn't it?

Weatherman's picture

Seems like Toth might be in

Seems like Toth might be in with the same folks who threatened the safety of the President's children in a recent NRA ad... Pity the man who threatens children...

Impeachment proceedings

Impeachment proceedings should be started for violating his oath of office. He swore an oath to obey and to defend the constitution with fidelity. This backwoods John Bircher is not qualified to represent any district within the USA. There is more to being a Congressman than putting up a yard sign and collecting political donations. Someone told me you had to have a brain. But in his district, that is just a rumor!

He is defending the

He is defending the constitution, if anyone should be hollering impeachment they should've been doing so when Bush jr bought his way into the oval office and with all the harm he has done to the constitution and the same with obama and his good ole Constitutional Law professor mindset working on and aiming to destroy what is left of the Constitution and Bill of Rights of The united States of America. And for the record most back-woods people still have a grip on the realities that make this country America.

But what a wonderful example

But what a wonderful example for California, Colorado & Washington....

It looks like Mr. Toth has

It looks like Mr. Toth has done something that Big Central Government lovers just despise. He has read the 10th Amendment. When the big government bullies from Washington arrive in Texas to cram unconstitutional hogwash down the throats of the people, and find themselves in jail, maybe that will give them time to learn something about the constitution as well as State's Rights. Repeal the 17th Amendment.

Am I to understand that the

Am I to understand that the Civil War in still underway and that the south retains hope of a belated victory? Problem is what to do with the corpses.

Don't any of these cretins read any history? Toth may look like a real hero to his prospective voters, and I've no doubt that a lot of this hyperbole is calculated to pre-empt primary attacks from the right, but words have consequences. A more credulous and weaker individual is likely to see a chance to give his life meaning by killing someone. Of course we won't have to worry about that anymore when we all live in an NRA utopia where everyone everywhere is fully armed. Even an aaverage 1st grader will be able to take out an Adam Lanza with her Hello Kitty low recoil .38 semi....... in pink.

The "NRA utopia where

The "NRA utopia where everyone everywhere is fully armed" probably looks more like a Mad Max movie . . . without the make-up. Is that what we really want for our future?

Kennesaw Ga has a law which

Kennesaw Ga has a law which requires it's residents (non-felons) to own a gun and have training with it. Criminals in nearby towns, jails, and prisons (Kennesaw is virtually crime free) state that you don't go to Kennesaw because they are armed.

Their last murder was by an outsider in the 80's.

Kennesaw Ga has a law which

Kennesaw Ga has a law which requires it's residents (non-felons) to own a gun and have training with it. Criminals in nearby towns, jails, and prisons (Kennesaw is virtually crime free) state that you don't go to Kennesaw because they are armed.

Their last murder was by an outsider in the 80's.

Manifesteur - I don't think

Manifesteur - I don't think so. We cannot let these crazies take over this country.

Isn't this treason?

Isn't this treason?

I would think so - All of

I would think so - All of them who want to take down this government should be put in jail.

NO! Voting for Obama is

NO! Voting for Obama is Treason!

Stupid is as stupid does!

Stupid is as stupid does! You people are unbelievable.

"The Constitution of most of

"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed." -Thomas Jefferson.

"I ask, sir, what is the militia? It is the whole people, except for a few public officials." -George Mason, 3 Elliot, Debates at 425-426.

"The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed." -Thomas Jefferson.

"Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." -Thomas Jefferson, quoting Cesare Beccaria.

How crazy can these idiots

How crazy can these idiots get? Other than holding the country ransom over the debt ceiling and letting the US default.

Perhaps Texas should secede as they have recently threatened, if they don't like federal law . They won;t be missed and I'm pretty sure we pump more federal dollars in then they give out, like any red state.

Texas would be missed. It's

Texas would be missed. It's one the few states in the union that has a prosperous economy, because it's run by Republicans. Do you want every state to be a 3rd world hell hole like Michigan?

MISTER B, Texas also boasts

MISTER B, Texas also boasts some of the highest poverty rates for children and has, by far, the largest for-profit prison system. JFYI

Oh please! Our federal

Oh please! Our federal government violates the constitution regularly. Toth's bill is just a tit for tat to show the absurdity of it all. Don't pull that argument out unless you're willing to apply it across the board.

Well, perhaps we'll have a

Well, perhaps we'll have a civil war again. Pretty much the same States on each side as before. One question though, aren't most of the military bases located in all the "red" states? What if they take them over and win?
How will they treat the rest of us? Will they set up internment camps, pass racist laws, outlaw abortion and not going to church weekly, destroy all that "hippy noise" and just play real American music on the radio? Will they have mandatory instructional training for us pinko Yankees so we learn what real Americans should know?
Sounds like we pacifists better start buying guns to fight for our liberty.
This message was brought to you by your friendly NRA.

Can anyone spell "sedition"

Can anyone spell "sedition" (overt conduct, such as speech and stody?

Can anyone spell "sedition"

Can anyone spell "sedition" (overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order) Why isn't this guy in federal custody?

Wow another idiot that does

Wow another idiot that does not like the constitution. first amendment states "speech shall not be abridged" What does that mean?

As a Texan who arrived in

As a Texan who arrived in this state when there was every reason to believe that progressive politics were seriously altering the backward ways of this state, I am repulsed by this lunatic and all his buds --most especially that ultimate Aggie joke who holds the governor's office--who are as dangerous as they are ignorant. This is just too reminiscent of the nullification fervor that led to the assassination of a sitting president in Dallas, which shame was almost rinsed away from the world's memory. Really, they need to be arrested for promoting the overthow of the government. Because that is what they are doing and they are proud to say it out loud.

Three presidents believed the

Three presidents believed the Constitution was right and it was a job for the Federal Govt to print money instead of having a private corporation do that.

Those three presidents tried to make the Federal Reserve dissolve and put the money control back in the hands of the govt.

All three were shot. Two were killed. Lincoln and Kennedy. The third was Andrew Jackson.

Amen! You are right on the

Amen! You are right on the money my friend.

I totally agree with your

I totally agree with your post Texas Liberal.

Nullification didn't have

Nullification didn't have squat to do with JFK's assassination. His increasing embrace of dialog with our enemies for peace and resistance of the war class did, and signaled the beginning of a slide toward fascism that is reaching a fever pitch. Get your freaking history straight and kindly leave Texas if you don't like our independent spirit. Toth's bill may be a joke, but calling attention to our dangerous over-reaching federal government is not.

As a Texan who arrived in

As a Texan who arrived in this state when there was every reason to believe that progressive politics were seriously altering the backward ways of this state, I am repulsed by this lunatic and all his buds --most especially that ultimate Aggie joke who holds the governor's office--who are as dangerous as they are ignorant. This is just too reminiscent of the nullification fervor that led to the assassination of a sitting president in Dallas, which shame was almost rinsed away from the world's memory. Really, they need to be arrested for promoting the overthow of the government. Because that is what they are doing and they are proud to say it out loud.

is not the advocating the

is not the advocating the overthrow of a government free speech? have we lost the first amendment?

Free speech has consequences.

Free speech has consequences.

Neither State of Texas nor

Neither State of Texas nor state of anywhere takes precedence over Federal law. Texas State Rep. Steve Toth (R-TX), and his fellow clods forget back in 1865, when the Federal Government opened a can of whupass on Texas and the rest of the South. Toth and the other yahoos are asked for another can.

Constitutionally wrong. State

Constitutionally wrong. State law has precedence. A sheriff explains jurisdiction according to the constitution: http://www.newswithviews.com/Gilbertson/gil103.htm

I lived in WVa for a time (minnesota, texas, calif, illinois, etc) and found it highly ironic that the south was attacked for seceding, but the non-slave owners that lived throughout Appalachia in Virginia were allowed to secede from Virginia and become West Virginia.

It is the federal laws that

It is the federal laws that would be on constitutional, not Texas law.
That is the point of the Texas legislator's proposed law.

Where in constitution does it empower Obama to prevent me from having a machine gun that I build myself? How about a semi-automatic weapon? It's not there.

These things he proposes are feel good actions that will have no effect and will continue to divide America.

You people are pitiful. What

You people are pitiful. What the hell do you need a machine gun for? I bet if that was your child or grandchild that was assassinated - you would not be making such an asinine statement. Its People like you who divide America.

Your understanding of the law

Your understanding of the law is weak. It is clear that federal authority supersedes state authority; so cease the posturing. In fact, there are many ways that personal choices can be a danger to the community and there are laws to protect citizens from the reckless behavior of others.

Reasonable people recognize that a document like the U.S. Constitution provides a framework for a system of government. It is not a rule book for every situation that develops. On this issue, I hope we can put our fears (of big government and zombie apocalypse) aside and try to carry on intelligent dialogue in order to make a more civil society. The Texas legislator is not leading his constituents in that direction.

So, I take it you are a fan

So, I take it you are a fan of FOX. Because, like most of those folks, you are totally, completely, utterly, incorrect on this issue.

Fact: all rights and powers

Fact: all rights and powers NOT EXPRESSLY GRANTED TO THE FEDERAL GOVT in the Constitution of the United States of America are to be retained by the States and the people.

That means when it gets beyond the LEGAL purview of the feds they have NO right to impose laws on people. Speaking of which ONLY congress can make any federal law. Thus a presidential directive is basically illegal. Agencies like the FDA or USDA cannot make laws. The courts cannot make laws.

The Feds have LEGAL right to oversee interstate commerce, road systems, weights and measures, print money (not supposed to be done by the private corporation called the Federal Reserve - but three presidents that tried to return that to govt were shot and two died.) make treaties with foreign nations, (Congress only) declare war, some civil rights actions and a few other things.

Founding fathers specifically stated the reason to own weapons was to protect our freedoms from the GOVT!

ALL state have the right to make laws for their people according to their state constitutions. The US was NOT set up as the Fed govt as being the authoritarian boss of the states, but to deal with some very specific things, and was intentionally limited in it's scope to deal with other issues precisely so that it would not be tyrannical.

It now is, and Texas is fully within it's rights as would any state be. We already have areas in this country which have written laws that will arrest Federal officers for imposing their unfair and unconstitutional actions upon the local populace. One area in the Northwest will arrest any Federal officers that try to arrest people for growing or selling their own food, raw milk or otherwise. One area in Nevada stood off a BLM SWAT team with their county SWAT team because the BLM was going to illegally steal the cattle from a ranch in south Nevada.

Just because a bully is bigger than you doesn't provide them with ANY moral superiority or justice.

What is amazing to me is how

What is amazing to me is how backward the people on this site have things. Feds laws superior to the states??? Wow, just wow.

Brad, you need to take a good

Brad, you need to take a good course in the Constitution and another on government. And stop watching Fox!!!

Hello Ian and Nation of

Hello Ian and Nation of Change. I see now that you think you can post any adjective and it becomes true....yes? Unconstitutional you say? Your headline makes me want to vomit.
tai@couldyoubenext.com

A state law designed to make

A state law designed to make illegal a federal law is unconstitutional, foolish, and cannot and will not be enforced. We live in the United States of America; to be part of the country means abiding by its laws, not making them illegal.

I'm a third-generation native Texan, but honestly, my home state has jumped the shark over and over again with respect to its stance on gun legislation. I intend to work as hard as I can to make certain Texas complies with any and all federal gun regulations that are passed. Period. Texas politicians, at least those in the Republican party, are an embarrassment. The days of the Wild West are over. Deal with it.

Amen!

Amen!

A return to control by

A return to control by Conservative Southern State Secessionists who want to continue the argument over states rights that we fought an internal war over almost one hundred and fifty years ago. Certain Anglo interests were responsible for whipping up that war that was an attempt to stop the countries advancement toward an international economic power that would win control of world trade to the dismay of certain powers in Europe who had formerly been the sole beneficiaries. The issue of ending slavery was a ploy devised by the Northern Industrialists to stir up public support for the war and inflame Southern plantation owners who would suffer economic disaster if they were forced to free their slaves and pay them a wage for work they formerly did for free. We’ve never been totally free from this group as is evidenced by the slow response to Lincoln’s Emancipation Proclamation that took over a century to enact into law during the Johnson Administration, an act that drove all these Southern Secessionists out of the Democrat Party and over to the Republican Party in 1968. After forty five years of luke warm activity by the former Democrat Party, the new leadership now embraces these forces and welcomes them back into the party as they are the key to securing enormous financial support from private financial interests all over this country. Unfortunately, too many Democrat voters remain in a state of denial concerning this seismic shift of the party’s overall philosophy to one of complete control by Neo Liberal forces set loose by the D.L.C. twenty five years ago. A party that now sees no advantage to waging campaigns that benefit average citizens who offer no real resistance to the party’s abrupt move to the Right and their many profitable relationships with the Corporate and Banking Plutocrats who effectively own and run this country now !

The mainstream media needs to

The mainstream media needs to focus on what is happening in Texas politics. A bunch of moneybaggers who are kicked out of elsewhere seems to find paradise in free for the 1% and damn the 99%. Republicans are seemingly a minority who get elected by carving territories to divide the majority in such a way that enables the moneybaggers get elected. Then they start sticking it to the dumbed down 99% of Texans who are swayed by empty words and emotionally charged issues without understanding they are cutting their own feet. Texas is reverting to medieval times when it comes to abuse of power for the benefit of 1% at the expense of 99% using modern propaganda.

"dumbed down 99% of Texans

"dumbed down 99% of Texans who are swayed by empty words and emotionally charged issues"

It wasn't difficult because they were starting at a minimal level of intellect and working their way down. It has been long anticipated that the Northern flight to the South that has been going on for decades now would raise the level of intelligence in this region but it only confirmed the fact that, "Beauty may only be skin deep but stupid goes all the way to the bone !".

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