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Wednesday, January 16, 2013

Texas Bill: 2nd Amendment is “Inviolate,” Criminal Charges for Feds who Violate it

By Susan Duclos

Missouri and Wyoming have both introduced legislation to protect their citizens Second Amendment rights against the Obama's administration's gun grabbing agenda. (Those bills were discussed in an earlier WuA piece here)

Texas has introduced their own legislation now. 

Via  Tenth Amendment Center:

Introduced in Texas today, House Bill 553 (HB553), is the Second Amendment Preservation Act.
The bill reaffirms the 2nd Amendment, as intended, and would nullify potentially anything from the federal government that contravenes in the State of Texas. It reads, in part:

all federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State.

The bill goes further than just affirmation of the 2nd Amendment. It requires compliance by by state and federal agents.

A person who is a public servant commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.

The legislation specifies that the new law would apply not just to state employees, but federal ones as well.


”Public servant,” includes an officer, employee, or agent of the United States; a branch, department, or agency of the United States; another person acting under a contract with a branch, department, or agency of the United States to provide a law enforcement or security service; or any other person acting under color of federal law.

HB553 also provides for criminal penalties for a violation of the 2nd Amendment in the State of Texas

An offense under Subsection (b) is a Class A misdemeanor punishable by confinement for a term not to exceed one year, a fine of not more than $10,000, or both the confinement and the fine.


Expect to see this type of legislation sweep throughout the states across America.