Posted on 05/15/2013 9:10:31 AM PDT by marktwain
House Bill 928, also known as the “Come and Take It” law, passed the Texas House on May 8. The legislation mandates that no state money can be spent to enforce federal firearm regulations that do not also exist in state law and is a push-back against proposed federal rules on firearms and ammunition. However, it does not penalize state law enforcement officers who help the feds.
The legislation was written by Republican Representatives Matt Krause (R-Arlington), Scott Sanford (R-McKinney), Allen Fletcher (R-Cypress), George Lavender (R-Texarkana) , and Kenneth Sheets (R-Dallas). According to Matt Krause’s website, the idea for the bill came from the works of Mario Loyola, In the article States and the Gun-Control Fight, Loyola wrote:
“We know that federal law cannot require state agencies to participate in a federal program. We know that because the Supreme Court’s most important federalism case of the last 30 years – Printz. v. United States (1997) – tells us that the federal government can’t command the states to do anything. In fact, Printz struck down a part of the Brady Act that required state officials to process background checks on prospective gun purchasers. The Court ruled that this offended ‘the structural framework of dual sovereignty.’ In a classic opinion by Justice Antonin Scalia, the Court observed, ‘The power of the Federal Government would be augmented immeasurably if it were able to impress into its service–and at no cost to itself–the police officers of the 50 States.’“
“It’s a simple bill that says that while we recognize the federal government’s right to enact firearms laws that overstep our state laws, we won’t be using any local or state tax dollars to help them,” Representative Matt Krause said to the Austin American-Statesman. “It encompasses the mentality of the flag that flew during the Texas Revolution. It tells the federal government: If you want to enforce your firearms laws, you’ll have to come do it yourself.”
The bill was approved by the House with a 100-31 vote. Opponents of the bill argue that it’s unconstitutional and could force a shutdown with federal officials.
After the bill moved to the senate, it was referred to the Agriculture, Rural Affairs & Homeland Security Committee, where it was scheduled for a hearing on May 13. Because Krause has not yet found a sponsor in the Senate, the bill faces a tougher challenge.
And what would be the downside of a showdown with the federal government?? He’ll, this is Texas!!!!
– Printz. v. United States (1997) – tells us that the federal government can’t command the states to do anything
Apply this not to just healthcare exchanges but all of Nobamacare.
Come and Take It’ Gun Enforcement Bill Passes Texas House
http://www.freerepublic.com/focus/f-news/3019803/posts
Now on to the TX Senate
Naw, it'll go through just fine.
Should be called “Take your laws and shove it”!
Let me guess, Windy the Witch Davis voted against.
I just got off the phone with my VERY PRO GUN Texas Senator’s office (Craig Estes) and he is the sponsor of this bill in the senate.
I thought this was an important development for those who follow the TX legislative process here.
FREEPER ALERT: “- - - Because Krause has not yet found a sponsor in the Senate, - - - “
While I am not opposed to this bill, I have to ask on thing...
What if the Feds come in and start enforcing some infringement upon the residents of the state of Texas, or any other state for that matter...
If it involves banning, confiscation, dealing with snitch lines for folks who are sympathetic to their (Feds) causes, they drop a dime on you and you get the Nth degree from them at that point...
Obviously as individuals we are screwed...
But hey, some of us will see it coming...I hope the few that get nabbed first, set the stage for the rest of us, and the response is clear...
Hopefully it won’t come to that...No one will win at that point...
I think there is a companion bill in the Senate already...I need to go and check...But I know they are in the final readings and votes on the floor for this legislative session...
If Strauss and his cronies haven’t put it in the Calendars scedule, it is un-likely it will even see the light of day, much less a vote in either house...
“However, it does not penalize state law enforcement officers who help the feds.”
They’ll have to deal with the people of this state if they do so.
Thanks for the ping!
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