The Bill

[Pudfark]

Texas bill would block police from enforcing new federal gun laws

AUSTIN, Texas – Under a measure advancing in the Texas Capitol, local police officers could be convicted of a crime for enforcing any new federal gun control laws.

Rep. Steve Toth, a newly elected Republican from the Woodlands, said his proposal would prevent officers from carrying out any future federal orders to confiscate assault rifles and ammunition magazines.

Toth's proposal would create a Class A misdemeanor for police officers enforcing any new federal gun regulations. It also would establish cause for the state attorney general to sue anyone who seeks to enforce new federal gun regulations. It is one of several states-rights measures being offered by conservative state lawmakers nationwide in response to federal gun control proposals.


FOX NEWS LINK: http://www.foxnews.com/politics/2013/02 ... z2ArsDiM25

[HappyHappy]

Finally some sanity in law making!
1860 continues to haunt us....

HH

[callmeslick]

obviously unconstitutional....no link needed, brain-dead obvious

[Barfly]

obviously unconstitutional....no link needed, brain-dead obvious

http://garydhalbert.com/2013/01/31/how- ... eme-court/

Sheriffs cannot be forced to implement a federal law - ruled by the Supreme Court when elements of the Brady Law were challenged. The federal government can task federal agents to implement law, not Local Sheriffs etc.

There's plenty of room for legal argument between application of the "supremacy clause" and the 10th Amendment, before you blurt out unconstitutional. Yes, maybe some brain-dead lazarus types would quickly pop up and agree with your unsupported point, many others with working brains would find it easy to substantiate disagreement.

http://www.yalelawjournal.org/pdf/112-8/WaxmanFINAL.pdf

[callmeslick]

I disagree, Barfly, on these grounds--in this case(which probably won't pass the legislature anyway), the State is mandating non-compliance with Federal Law. It isn't like some minor jurisdiction is failing to enforce, which can be for budget reasons or whatever. The latter situation is common.....I recall a mounted cop down in the French Quarter, when I asked if it wasn't against Federal law to sell large quantities of nitrous oxide for non-commercial use, "son, I am just here to enforce Parish law, the Feds can do what they want". Now, if Louisiana passed a bill mandating him not to uphold Federal law, the courts would, I feel, slap it down, fast.

[Pudfark]

obviously unconstitutional....no link needed, brain-dead obvious

It's only "obviously unconstitutional" when you don't personally agree with it.
Take fer instance...Colorado and smoking dope and Federal Law...

Barfly hit the nail on the head again.
It sure is funny to watch Slick dance, the "two faced jitterbug".

[Pudfark]

Crap...yer cramping me up Slick...

Fed cops can only enforce fed laws.
State cops can only enforce state and fed laws.
Local cops can enforce local, state and fed laws.
There ain't nuthin in the law books that mandates a
Texas Cop to enforce Fed Law....it's optional

[callmeslick]

obviously unconstitutional....no link needed, brain-dead obvious

It's only "obviously unconstitutional" when you don't personally agree with it.
Take fer instance...Colorado and smoking dope and Federal Law...

a good example, actually, Pud......thus far, the Feds haven't taken that one to Federal Court, but what Colorado is doing (and Washington) is suspect.

Barfly hit the nail on the head again.
It sure is funny to watch Slick dance, the "two faced jitterbug".

no dance here, I guess you started drinking early and are just seeing things.

[callmeslick]

Crap...yer cramping me up Slick...

Fed cops can only enforce fed laws.
State cops can only enforce state and fed laws.
Local cops can enforce local, state and fed laws.
There ain't nuthin in the law books that mandates a
Texas Cop to enforce Fed Law....it's optional

correct, but the State cannot declare that a law not be enforced. It's the State mandate part that is a no-no.

[Reservoir_Dog]

Crap...yer cramping me up Slick...

Fed cops can only enforce fed laws.
State cops can only enforce state and fed laws.
Local cops can enforce local, state and fed laws.
There ain't nuthin in the law books that mandates a
Texas Cop to enforce Fed Law....it's optional

And what about the National Guard?