Texas Lawmaker Files Bill to Protect Gun Rights
By: Scarlett Greyson
Updated: January 16, 2013
Nation wide states are proposing new legislation on gun control after mass shootings have devastated the country.
Results from a U-S-A Today survey released today said that more than thirty-nine states have no plans to weigh new firearms restrictions while eleven states are considering new gun laws.
In Texas gun control is a fiery issue, but new government proposals in this state are different than most.
State Representative Steve Toth brought forth a new Firearms Protection Act. He said it's meant to protect gun rights for citizens.
"At the end of the day I hope people understand that the legislation we're working on is more about the Tenth Amendment that it is about the Second Amendment. It's more about preserving states' rights than it is about gun rights," said Toth.
The plan calls for felony criminal charges to be filed against any federal official who tries to ban or restrict ownership of semi-automatic firearms.
But Lubbock attorney Rod Hobson said that Toth's plan is against the Constitution.
"As a practical matter if it were to pass it would be struck down by the first federal judge to consider. Because the law of the land and the federal law of the U.S Constitution applies throughout the United States including The Woodlands," said Hobson.
He said that Toth should be prepared for the consequences his plan will lead to.
"I guess you could choose to ignore federal law. I just wonder if Toth is ready to go to jail.That would be the better question."
Texas is not the only state looking to pass such a law. A nearly identical law is being pushed in Wyoming.
Results from a U-S-A Today survey released today said that more than thirty-nine states have no plans to weigh new firearms restrictions while eleven states are considering new gun laws.
In Texas gun control is a fiery issue, but new government proposals in this state are different than most.
State Representative Steve Toth brought forth a new Firearms Protection Act. He said it's meant to protect gun rights for citizens.
"At the end of the day I hope people understand that the legislation we're working on is more about the Tenth Amendment that it is about the Second Amendment. It's more about preserving states' rights than it is about gun rights," said Toth.
The plan calls for felony criminal charges to be filed against any federal official who tries to ban or restrict ownership of semi-automatic firearms.
But Lubbock attorney Rod Hobson said that Toth's plan is against the Constitution.
"As a practical matter if it were to pass it would be struck down by the first federal judge to consider. Because the law of the land and the federal law of the U.S Constitution applies throughout the United States including The Woodlands," said Hobson.
He said that Toth should be prepared for the consequences his plan will lead to.
"I guess you could choose to ignore federal law. I just wonder if Toth is ready to go to jail.That would be the better question."
Texas is not the only state looking to pass such a law. A nearly identical law is being pushed in Wyoming.
