Posted on 03/27/2013 1:04:06 PM PDT by Free in Texas
Supporters of the 380 sheriffs in 15 states who so far have vowed to defy new state and federal gun control laws claim that legislation is starting to pop up around the nation to fire any state elected or appointed law enforcement official who doesn't obey federal orders.
The first effort emerged in Texas. Legislation proposed by Dallas Democratic Rep. Yvonne Davis would remove any sheriff or law enforcement officer who refuses to enforce state or federal laws.
What's more, it would remove any elected or appointed law enforcement officer for simply stating or signing any document stating that they will not obey federal orders.
A gun lobbyist told Secrets, "Beware because once something like this is introduced in one state, it will be followed very quickly in several other states."
Secrets has charted the growing group of sheriffs opposed to new gun control initiatives. They argue that citizens should be allowed by buy the types of weapons they want to defend themselves. They also claim that there is no way to tell the difference between old rifle and pistol magazines and new ones that President Obama wants to ban.
does this include immigration laws?
-------------------------------------------------------------------------------- 83R5861 JSA-D By: Davis of Dallas H.B. No. 2167 A BILL TO BE ENTITLED AN ACT relating to the removal of a state or local officer for refusing or directing others to refuse to enforce state or federal law. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 66, Civil Practice and Remedies Code, is amended by adding Section 66.004 to read as follows: Sec. 66.004. FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) For purposes of Section 66.001, a person holding an elective or appointive office of this state or of a political subdivision of this state does an act that causes the forfeiture of the person's office if the person: (1) wilfully fails to enforce a state or federal law in the course of the person's official duties; (2) directs others subject to the person's supervision or control as a public official not to enforce a state or federal law; or (3) states orally or in writing that the person does not intend to enforce a state or federal law in the course of the person's official duties. (b) For purposes of this section, "law" includes any rule, regulation, executive order, court order, statute, or constitutional provision. (c) This section does not apply to a law: (1) that has been held to be invalid by a court with jurisdiction over the territory served by the officer; or (2) the validity of which is currently being challenged in a court with jurisdiction over the territory served by the officer. (d) The attorney general or appropriate county or district attorney shall file a petition under Section 66.002 against an officer to which Subsection (a) applies if presented with evidence, including evidence of a statement by the officer, establishing probable cause that the officer engaged in conduct described by Subsection (a). The court in which the petition is filed shall give precedence to proceedings relating to the petition in the same manner as provided for an election contest under Section 23.101, Government Code. (e) If the person against whom an information is filed based on conduct described by Subsection (a) is found guilty as charged, the court shall enter judgment removing the person from office and disqualifying the person from public office for a period of 10 years. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.
Of course not. That would hit the law makers and we can’t have that.
(Smiling)I think you know the answer to that question.
Sherrif’s are unique in that they are sworn to uphold The Constitution... not any Federal Law trying to trump it.
Legislation proposed is a whole lot different than legislation passed, especially on this issue, this stance, from a democrat, and in Texas.
I thought the Dems were against sheriffs enforcing federal laws.
I believe Texas will tell them to pound sand.
What's the point of having the people elect someone, if some bureaucrat somewhere has the power to overturn the people's choice at any time?
The only way to remove an elected official is through impeachment, recall elections, expulsion by their chamber, term limits, or failed reelection.
-PJ
What about a law to fire those who fail to fire the sheriffs?
You can’t fire an elected official.
And just who is going to physically remove a sheriff from his position?
-PJ
Why are these people helping Obama disarm America and what's in it for them?
I guess Big Sis and her 3 billion bullets...
That is somewhat reassuring. Most of the sherrifs out this way in my county consider armed citizens to be their allies. And they’re all the law we have out here.
Where's her concern over a POTUS, DHS director or U.S. Attorney General who refuse to enforce Federal laws?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.