Republican State Rep. Steve Toth has proposed a new Texas state law that would make it illegal to assist in enforcement of a federal gun ban.
While it appears to violate the Supremacy clause of the U.S. Constitution which gives precedence of federal law over state law, Toth says the law is very specific and will target areas that infringe on Second Amendment rights.
The law will only apply to state officials, but may face constitutional scrutiny. The issue arose when Montgomery County Sheriff Tommy Gage announced that if a federal assault weapons ban were to pass, he and his deputies would not enforce it.
“I will never support any attempt by the federal government or act in conjunction with any federal agency to confiscate or restrict the possession of firearms by law abiding citizens in Montgomery County,” Gage wrote in an open letter published in January.
Since then dozens of sheriffs throughout Texas have made the same announcements, and the state legislature felt it was necessary to act to protect their law enforcement officers.
See Toth’s explanation of the legislation to Fox News here: