TexasCHLforum.com

APynckel wrote:Would that be enough for you, and the TEXAS LEGISLATURE to support?

Enough; stop now. I'm not kidding.

Chas.

APynckel wrote:

Charles L. Cotton wrote:This idea has been discussed in other threads and it won't work. States can't void federal law by passing a state law that essentially "opts out."

I know all of the philosophical arguments, but it won't work. I don't want the most pro-gun Governor we've ever had pushing something like this and loosing the next election because his Democrat challenger points out the futility of such a bill.

Chas.

They can, because the constitution specifically states that interstate commerce, is the only commerce that the Federal Government has jurisdiction in.

You need to read some of the absurd Commerce Clause cases. Congress can do pretty much anything it wants and Supreme Court case law will support it. The only recent case that hinted at a limitation on the scope of the Commerce Clause was the Obamacare case. It's the only bright spot in Robert's sellout.

APynckel wrote:Are they going to arrest the entire state, and its legislature?

Nope. They'll wait until some poor sucker actually believes the proposed law means something and makes a machine gun, short-barrel shotgun or rifle, or anything else covered by the National Firearms Act. Then the clueless Texan will be arrested, tried and convicted, and sent to prison as a felon.

Sorry, I won't "fight" for a bill that would put good people in prison.

Chas.

ryouiki wrote:Perhaps I'm misinformed, but I thought this came up before:

http://www.legis.state.tx.us/BillLookup ... Bill=HB145

Some type of narrow reading of the 10th amendment or some such?

You're right, but it went nowhere. If fact, the author pulled down the bill.

Chas.

Jeff Barriault wrote:

Charles L. Cotton wrote:This idea has been discussed in other threads and it won't work. States can't void federal law by passing a state law that essentially "opts out."

I know all of the philosophical arguments, but it won't work. I don't want the most pro-gun Governor we've ever had pushing something like this and loosing the next election because his Democrat challenger points out the futility of such a bill.

Chas.

I have to disagree Charles. How many states have presently successfully "opted-out" of federal marijuana legislation?

They don't work either. The feds have chosen not to arrest a lot of people and press charges, at this point, but the federal law still prevails. The DEA has even made this clear. While the DEA may hold off making marijuana arrests, the BATFE wouldn't wait a nanosecond to make an arrest and prove the supremacy of federal law.

Chas.

This idea has been discussed in other threads and it won't work. States can't void federal law by passing a state law that essentially "opts out."

I know all of the philosophical arguments, but it won't work. I don't want the most pro-gun Governor we've ever had pushing something like this and loosing the next election because his Democrat challenger points out the futility of such a bill.

Chas.