Texas Reaction: Make Enforcement of Federal Gun Laws Illegal

This story’s the top headline over at Drudge so it is no doubt going to get some coverage this evening. Another “wackjob” right winger proposing legislation to thwart the constitutional scholar just re-elected for a second term in the White House. I can already hear the mainstream nightly news programs preparing their teases.

WOAI: 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.

As you probably know, the proposed legislation is a reaction to reports that President Obama will announce 19 new “executive actions” tomorrow impacting gun ownership, use, and licensing. The brave legislator-in-chief will surround himself with children to soften the blow of the announcement according to White House spokesman Jay Carney.

“They will be joined by children around the country expressing their concerns about gun violence and school safety, along with their parents,” Carney confirmed.

Oh happy day.

For what it’s worth, I’m fairly certain the Texas legislation will never see the light of day – regardless of how many Texans may actually support the proposal. The constitutional questions that kind of direct challenge would raise would only stand to detract from the primary constitutional question at the center of the whole thing – infringement upon the 2nd Amendment rights of all Americans – by Executive Orders of all measures.