New Texas firearms legislation

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New Texas firearms legislation

Postby Stephen » Thu Jan 03, 2013 5:53 pm

I realize this may be a lot for my first post and since I didn't find an introductions section I will introduce myself here. My name is Stephen, I have had my CHL for about 6 months and have been shooting most of my life. I've been a member of Texas Gun Talk for a little over a year and it has really helped me to keep up with the political aspects of gun ownership.

With the recent events combining with an overly hostile attitude towards firearms in Washington I find that we are in for the fight of our lives, at least for those who were young enough to not to have bore the effects of the last AWB. I have been very active in contacting my representatives and voice my concerns but I fear that may not be enough to hold the federal government at bay. Which is why South Carolina has caught my attention.


This could be a pipe dream but I have been looking in to the legislation several states have used in an attempt to nullify any federal bans, went a little deeper in to SCs proposed bill SB85. The bill is founded on Article 1 Section 20 of South Carolina's state constitution and the tenth amendment of the american constitution.

If this were to be done in Texas it would likely be founded on Article 1 Section 1 of our state Bill of Rights:

FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

And Article 1 Section 23 of our Bill Of Rights:

Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Now if we were to look at the Tenth amendment to the US bill of rights it says:

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.

And the Second amendment:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed,


The second amendment guarantees the people's right to keep and bear arms and gives no authority to the United States government to regulate them. The tenth amendment would put that authority in the hands of the states(to a degree, as long as there were no infringements on the 2nd amendment). Texas article 1 sec.1 States that Texas is only subject to the laws set forth in the US constitution and Art. 1 Sec 23 states that every citizen shall have the right to keep and bear arms in the lawful defense of himself or the state and the only power the legislative branch has is to regulate the wearing of arms(CC as I am understanding it).

It seems to me that these ideas set forth in the Texas and US bill of rights leave the door open for a bill to be introduced which would nullify any federal bans(should they pass) and guarantee the rights of Texas citizens. All based on the lack of authority granted to the federal government by the US constitution and the explicit right granted to the people of Texas by our own bill of rights.

I would like to see what kind of support this type of bill might be able to get and what the avenue would be to have something like this introduced.

Please don't critique my writing abilities too much, I'm more interested in the idea this represents.



I look forward to your opinions

Stephen
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Re: New Texas firearms legislation

Postby Vol Texan » Thu Jan 03, 2013 6:06 pm

Welcome to the forum. Like you, I've learned a lot from the wise folks that we find here.

Your idea is good. It's similar to one found on another thread already running: http://www.texaschlforum.com/viewtopic.php?f=94&t=60946
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Re: New Texas firearms legislation

Postby RottenApple » Thu Jan 03, 2013 6:07 pm

Thread running on a similar topic here: http://texaschlforum.com/viewtopic.php?f=94&t=60946

The problem is that Federal law trumps state law and state constitutions (I'm not saying this is right, it's just the way it is). So any such change to our Constitution is meaningless and, potentially, politically problematic for the congress critters who introduced, voted for, and/or passed it. That being said, I don't see a thing wrong with Texas choosing not to enforce those federal laws. But that still leaves the Feds with the power to do so.
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Re: New Texas firearms legislation

Postby Dori » Thu Jan 03, 2013 8:04 pm

I would settle for finally removing the dumb restrictions on carrying in schools, while voting, etc.
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Re: New Texas firearms legislation

Postby Stephen » Thu Jan 03, 2013 8:46 pm

I was looking more in to insuring that we would actually have something to carry.

But it was pointed out that others have put this foreward in one way or another.

I do agree with you about the gun free zone crap.
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Re: New Texas firearms legislation

Postby JALLEN » Thu Jan 03, 2013 8:56 pm

RottenApple wrote:Thread running on a similar topic here: http://texaschlforum.com/viewtopic.php?f=94&t=60946

The problem is that Federal law trumps state law and state constitutions (I'm not saying this is right, it's just the way it is). So any such change to our Constitution is meaningless and, potentially, politically problematic for the congress critters who introduced, voted for, and/or passed it. That being said, I don't see a thing wrong with Texas choosing not to enforce those federal laws. But that still leaves the Feds with the power to do so.


It is not particularly appetizing for those of us who have spent our entire lives as law abiding good citizens to not be a State criminal but be a Federal one.

If the Feds get a law enacted, and signed into law, we will have very little choice but to comply, pending court tests etc.

The House is not going to be sympathetic to these laws. Some House members are there because their predecessors were sympathetic, and others remember that some of their buddies lost their jobs for voting for the AWB that led to the GOP taking control of the House for the first time in decades. A great many Senators aren't going to do anything too courageous, especially those in the next election cycle. Dianne Feinstein just was re-elected to a new 6 year term; she can do anything she wants right now, but most GOP Senators and even some Dems are not anxious to have this on their record to explain to the folks back home.

Remember, "controversial" means it will cost you some votes. "Courageous" means it will cost you the election.

Our job is to make sure these people know what the stakes are, what the price will be. No threats, but like Eastwood put it, if somebody can't do the job, you get someone who can. They have to have the votes to make this happen, and we have to make sure they don't.
Luckily, I have enough willpower to control the driving ambition that rages within me.
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