Texas State Rep. Steve Toth (R) has proposed a bill banning the enforcement of any new federal gun control laws in Texas by state law enforcement.
According to Kens5.com, Rep. Roth's bill would prosecute Texas police and other state officials for enforcing any new federal gun laws, but not federal law enforcement officials.
Rep. Toth told Fox News on Monday (video below) that his bill would supposedly not violate the Supremacy Clause of the U.S. Constitution, which says that state laws are trumped by federal laws.
“This is not a nullification bill. We target a very specific portion of where the Obama administration’s proposed legislation is infringing on our Second Amendment rights, and it only deals with those two things," said Toth. "For example, the size of a magazine and the type of weapon. We’re very specific about it, and we’re not going after federal officials. We’re simply saying state officials within the state of Texas are are not allowed to violate our Second Amendment as it pertains to these two things.”
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Rep. Toth claimed that he wants to protect those Texas state law enforcement officials, who had vowed not to enforce new federal gun control laws, because “they would be subject to prosecution” by the Justice Department.
However, a Public Policy Polling poll said last month that 49 percent of Texans supported a federal assault weapons ban, while 41 percent opposed it.