KEYE-TV - Search Results
Texas Lawmaker Challenging President's Gun Plans
A Texas Representative is looking to challenge President Obama's gun plans by raising questions about federal versus state rights.
Steve Toth, a representative from the Woodlands area of Texas, is working on a bill that would throw federal officials who try to enforce new gun bans behind bars.
"The President has said that there is probably an administrative fix to this, so when they use that kind of terminology they are talking about registration of our guns," said Toth. "That is just absolutely inexcusable and unacceptable"
Toth says he is using the Firearm Protection Act authored in Wyoming as a guideline for what he is working on.
In that act it says any government official trying to enforce gun or ammunition bans could face federal charges.
"Theyre using this (Sandy Hook shooting) to advance a liberal agenda which is a very slippery slope of taking gun rights away from Americans," said Toth.
"This country was originally formed to avoid tyrannical influence of a central power," said Texas Representative Ron Simmons. "While we certainly don't believe that we are at that stage yet, we have an obligation to protect ourselves from that."
While some representatives in the Texas house say it's their responsibility to protect freedoms, a constitutional lawyer KEYE TV spoke with says that proposal will never work.
"This is just grandstanding," said Scott Powe, a law professor at the University of Texas. "The tenth amendment is just something anyone who doesn't like the federal government uses."
Right now the proposal is with the Texas Attorney General, as lawmakers try to dot all the I's and cross the T's for a possible constitutional showdown with the federal government.
Officials who work with Representative Toth say the proposal is still in the early stages and wording could change.
By Adam Racusin