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Thread: Texas Bill Would Make All Federal Gun Laws Invalid & Unenforceable

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    Guns Network Contributor 04/2013 El Laton Caliente's Avatar

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    Texas Bill Would Make All Federal Gun Laws Invalid & Unenforceable

    Texas Bill Would Make All Federal Gun Laws Invalid & Unenforceable


    Texas Republican State Representative Tim Kleinschmidt (Lexington), who was recently re-elected, introduced House Bill 176 (HB176), which would declare all federal gun laws to be "invalid" and "not enforceable" within the sovereign state of Texas.

    The bill, titled The Second Amendment Preservation Act, reads in part:

    A federal law, including a statute, an executive, administrative, or court order, or a rule, that infringes on a law-abiding citizen's right to keep and bear arms under the Second Amendment to the United States Constitution or Section 23, Article I, Texas Constitution, is invalid and not enforceable in this state.

    According to the bill, A federal law that infringes on a law-abiding citizen's right to keep and bear arms includes a law that:

    imposes a tax, fee, or stamp on a firearm, firearm accessory, or firearm ammunition that is not common to all other goods and services and may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;

    requires the registration or tracking of a firearm, firearm accessory, or firearm ammunition or the owners of those items that may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen;

    prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or firearm ammunition by a law-abiding citizen;

    orders the confiscation of a firearm, firearm accessory, or firearm ammunition from a law-abiding citizen.

    Read more at http://freedomoutpost.com/2014/11/te...UVvU4GfdHhz.99
    Now this is a dream act...
    We found out what "dealing" with progressive lefties is all about. Our side gives up something, they give up nothing and the progressives come back in a month or a year and want us to give up more... rinse and repeat...

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    God bless Texas.

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    Team GunsNet Silver 07/2011 Sherman's Avatar

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    Holy Moly. That would be really cool.

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    Team Guns Network Silver 04/2013 alismith's Avatar

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    Wow!
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    Forum Administrator Schuetzenman's Avatar

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    I like the sound of it.

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    Senior Member Aggressive Perfector's Avatar

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    Wish every state would pass such a law (no chance of that in the few commie states).
    "Never take pity on a blind man. He may not be able to see, but he saves a fortune by getting the butt ugly hookers".

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    Senior Member L1A1Rocker's Avatar

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    This could be bad. Currently it is technically against the law to have a silencer (or any NFA weapon) in Texas. It is an affirmative defense to prosecution that your NFA item is properly registered with the Feds.

    So this law, if passed, will invalidate your defense to prosecution for an NFA item making you in possession of an illegal weapon under Texas law.

    How about a change to Texas law to make all NFA items properly legal first?
    US Constitution: Article 1 Section 8 Paragraph 4

    The Congress shall have Power To establish an uniform Rule of Naturalization

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    Senior Member Viking350's Avatar

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    Sorry guys, this is just a publicity stunt. The supremacy clause of Article 6 of the U.S. Constitution makes this law moot even if it passes. That is unless Texas secedes from the Union.

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    Send a copy of this legislation to your reps today!
    "And how we burned in the camps later thinking, what would things have been like, if every security operative, when he went out at night to make an arrest, had been uncertain, whether he would return alive and had to say good-bye to his family?"

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    Administrator imanaknut's Avatar

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    Quote Originally Posted by Viking350 View Post
    Sorry guys, this is just a publicity stunt. The supremacy clause of Article 6 of the U.S. Constitution makes this law moot even if it passes. That is unless Texas secedes from the Union.
    True, but the right of the people to keep and bear arms is already in that same constitution and for some reason it is being ignored. So if Texas wants to be another state to declare that the second amendment applies to residents of that state, more power to them, and they aren't the first to try this, and it would be nice if all 50 joined in reminding the fed what shall not be infringed means.

  11. #11
    Senior Member Viking350's Avatar

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    Quote Originally Posted by imanaknut View Post
    True, but the right of the people to keep and bear arms is already in that same constitution and for some reason it is being ignored. So if Texas wants to be another state to declare that the second amendment applies to residents of that state, more power to them, and they aren't the first to try this, and it would be nice if all 50 joined in reminding the fed what shall not be infringed means.
    What it would take is 2/3 of the state legislatures to request a national convention. This convention could then propose the amendment(s) to the constitution. These amendment(s) would then have to be ratified by 3/4 of the states. This process allows us to bypass the Senate and House of Representatives.

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    Senior Member BISHOP's Avatar

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    Quote Originally Posted by L1A1Rocker View Post
    This could be bad. Currently it is technically against the law to have a silencer (or any NFA weapon) in Texas. It is an affirmative defense to prosecution that your NFA item is properly registered with the Feds.

    So this law, if passed, will invalidate your defense to prosecution for an NFA item making you in possession of an illegal weapon under Texas law.

    How about a change to Texas law to make all NFA items properly legal first?
    It states in the bill "a stamp". That to me would include ALL NFA items.


    BISHOP

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    Forum Administrator Schuetzenman's Avatar

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    Quote Originally Posted by L1A1Rocker View Post
    This could be bad. Currently it is technically against the law to have a silencer (or any NFA weapon) in Texas. It is an affirmative defense to prosecution that your NFA item is properly registered with the Feds.

    So this law, if passed, will invalidate your defense to prosecution for an NFA item making you in possession of an illegal weapon under Texas law.

    How about a change to Texas law to make all NFA items properly legal first?
    Wait a second. How are you building silencers and SBRs if Texas says you can't own them? How are you getting CLEO sign off's? Also this map.


    Or this one that AAC has on their site.

  14. #14
    Senior Member L1A1Rocker's Avatar

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    Quote Originally Posted by Schuetzenman View Post
    Wait a second. How are you building silencers and SBRs if Texas says you can't own them? How are you getting CLEO sign off's?
    Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

    (1) an explosive weapon;

    (2) a machine gun;

    (3) a short-barrel firearm;

    (4) a firearm silencer;

    (5) knuckles;

    (6) armor-piercing ammunition;

    (7) a chemical dispensing device;

    (8) a zip gun; or

    (9) a tire deflation device.

    (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended.
    http://www.statutes.legis.state.tx.u.../htm/PE.46.htm

    If a cop so wishes, (s)he can arrest you for your NFA toy. You can be processed and assessed bail. You will eventually get off by "showing your papers" but you will have no recourse. There is NO false, or wrongful, arrest as you technically were in violation of the law. This law NEEDS to be changed.
    US Constitution: Article 1 Section 8 Paragraph 4

    The Congress shall have Power To establish an uniform Rule of Naturalization

  15. #15
    Forum Administrator Schuetzenman's Avatar

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    Quote Originally Posted by L1A1Rocker View Post
    Hell yes it does! I am shocked that Texas has such a POS law on the books.

  16. #16
    Administrator imanaknut's Avatar

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    Quote Originally Posted by Viking350 View Post
    What it would take is 2/3 of the state legislatures to request a national convention. This convention could then propose the amendment(s) to the constitution. These amendment(s) would then have to be ratified by 3/4 of the states. This process allows us to bypass the Senate and House of Representatives.
    I could be wrong, but I don't think it would take a constitutional convention as the law already exists as the second amendment as I pointed out. It just would be nice to have the second recognized the way it was meant to be, and if it takes the states doing what Texas and others did to get our already voted for so-called-representatives to reinstate the constitution as the true supreme law of the land... well wouldn't that be nice.

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