AUSTIN (February 19, 2013)—Under a measure that’s advancing at the Texas Capitol, local law enforcement officers could be convicted of crimes for enforcing any new federal gun control laws.
The Firearm Protection Act moved to the House Committee on Federalism on Tuesday.
Freshman Rep. Steve Toth, R-The Woodlands, said the bill would protect officers who defy federal orders to confiscate assault-style rifles and magazines containing more than ten rounds of ammunition.
President Barack Obama has proposed federal laws banning such weapons, but no such laws currently exist.
Toth's proposal would create a Class A misdemeanor offense for enforcing any new federal gun regulations.
But given the federal supremacy clause, any such federal law would trump state laws, and it's not clear Toth's proposal is constitutional.