Texas Firearms Freedom Act

[mrmagnum]

Here is something we can do while the blithering idiots in washington continue their childish fights. A senator in South Carolina is proposing a bill to invoke the 9th and 10th amendments and since we also have significant firearms manufacturers in Texas I feel we need to do something along those lines. Feel free to tailor this statement as you please.
http://www.guns.com/2012/12/28/south-ca ... l-gun-ban/" onclick="window.open(this.href);return false;

Due to the current haphazard reaction by the federal government concerning firearms and the 2nd Amendment, I would like to see Gov. Perry support a bill like that of Sen. Lee Bright (R-Spartanburg)South Carolina -

"A bill that would exempt any firearm, accessory or ammunition manufactured and kept within the borders of the Palmetto State from federal regulations."

Further -

“A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.”

We need this same law passed in the state of Texas!

We have two very successful firearms companies in Texas - LaRue and Legion Rifles. I'd hate to see this ridiculous, reactionary federal response affect the success of firearms related companies in our great state and worse yet, affect the God given freedoms of Texans.

As the leader of our great state, I look to Gov. Perry to ensure that the traditions and values of Texans are not infringed upon by those that do not understand what it means to be a Texan.

Thank you for your time and I look forward to hearing Gov Perry's response to this matter.

[jdhz28]

[Charles L. Cotton]

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.

[Robert*PPS]

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 was just about to ask about that. I suspected such is the case. I love the premise of standing our ground here in Texas, but in an effective manner.

[JALLEN]

It appears that Senator Bright isn't very.

Even a person who flunked out of a cheap night law school would know that Federal law prevails over state law to the contrary in all but the most unusual cases, an example of which doesn't now occur to me. There may be one somewhere.

[Heartland Patriot]

Mr. Cotton, I know what you say is true. It would be nice for the Governor to come out with an unambiguous statement that he is opposed to ANY ban or registration/taxation scheme on firearms, semi-automatic or otherwise. If he has already stated such, then I missed it.

[ryouiki]

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?

[Jeff Barriault]

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?

The bill discussed may not be the best, but I'll have to say that I think the principle of nullification of unconstitutional federal laws encompasses a path we should all seek. We need to find new and creative ways to enforce our tenth amendment rights. Simple things that put the feds on notice and say, "Hey, this law of yours is constitutionally out of your jurisdiction. And we will fine y'all and/or throw your rear in jail if we catch y'all attempting to enforce it within our state."

[jdhz28]

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?

The bill discussed may not be the best, but I'll have to say that I think the principle of nullification of unconstitutional federal laws encompasses a path we should all seek. We need to find new and creative ways to enforce our tenth amendment rights. Simple things that put the feds on notice and say, "Hey, this law of yours is constitutionally out of your jurisdiction. And we will fine y'all and/or throw your rear in jail if we catch y'all attempting to enforce it within our state."

I would think opting out of legislation that legalizes an otherwise prohibited item is different than opting out of an item that has been prohibited by federal law...am I wrong?

[mrmagnum]

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.

Mr. Cotton it may be an exersice in futility but we the people have to push back some how. I sent Senator Hutchinson correspondence on the upcoming awb and her response was less than hopeful. She supports the 2nd amendment but........There is no but if you support the 2nd in my opinion. I can't just leave it to the NRA, GAO et al. I'm just trying to be as proactive as possible.

[ryouiki]

I would think opting out of legislation that legalizes an otherwise prohibited item is different than opting out of an item that has been prohibited by federal law...am I wrong?

I don't' see the distinction? In the marijuana debate.... it is illegal at the Federal level (and the DEA been very public about it), so the states did just that, legalized it at the state level... the difference being it seems Obama does not seem to be interested in enforcing it from the federal level:

We've got bigger fish to fry

It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal

[anygunanywhere]

I would think opting out of legislation that legalizes an otherwise prohibited item is different than opting out of an item that has been prohibited by federal law...am I wrong?

I don't' see the distinction? In the marijuana debate.... it is illegal at the Federal level (and the DEA been very public about it), so the states did just that, legalized it at the state level... the difference being it seems Obama does not seem to be interested in enforcing it from the federal level:

We've got bigger fish to fry

It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal

The DEA has clamped down on some pot stores in California. Migfht be selective enforcement.

I am pretty certain that fed trumps state law. I am certain that if you ask any fed they will tell you so.

It should not always be the case but the framers of the constitutions failed to ask me when they were doing their work.

Maybe they will know better next time.....

Anygunanywhere

[jdhz28]

I would think opting out of legislation that legalizes an otherwise prohibited item is different than opting out of an item that has been prohibited by federal law...am I wrong?

I don't' see the distinction? In the marijuana debate.... it is illegal at the Federal level (and the DEA been very public about it), so the states did just that, legalized it at the state level... the difference being it seems Obama does not seem to be interested in enforcing it from the federal level:

We've got bigger fish to fry

It would not make sense for us to see a top priority as going after recreational users in states that have determined that it's legal

The difference I see is that one you would have the choice to purchase something if you so choose, it was made legally available, the other would eliminate the choice all together...Making something legal that some people do not want legal seems to be quite a bit different than making something that some people want illegal. I guess I lack the intelligence to put my logic in to words, but I see a very big difference in the two.

[Robert*PPS]

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.

Mr. Cotton it may be an exersice in futility but we the people have to push back some how. I sent Senator Hutchinson correspondence on the upcoming awb and her response was less than hopeful. She supports the 2nd amendment but........There is no but if you support the 2nd in my opinion. I can't just leave it to the NRA, GAO et al. I'm just trying to be as proactive as possible.

Write and call your U.S. Congressman/woman. This is where the battle will rage. We need to make sure those Representatives know that we expect them to stand firm for our 2A rights because they will probably be taking flak from all sides. I've already written my rep. once and plan to do so many more times.

[Charles L. Cotton]

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.