There's something unique in the Texas Bill. It makes it a crime (misdemeanor) for any Texas LE to aid Federal LE enforcement of any bans/restrictions. We all know the notion of arresting Feds will fall to the Supremacy Clause, but the Texas proposal virtually guarantees that no Texas resources can be used to implement a Federal ban. I'm sure the Feds would offset the extra costs to them with funding cuts, but, it's a fun game to watch played out..
Here's an opinion from a TX lawyer and NRA board member..
Originally Posted by Charles Cotton
Rep. Otto's HB553 takes a unique approach to the issue of enforcement of certain federal laws, regulations and presidential executive orders (collectively referred to as "federal provisions"). Unlike many bills filed and/or passed around the country, HB553 creates an offense for any Texas peace officer enforcing or assisting in the enforcement of such federal provisions. The Bill also creates a separate offense for federal agents doing likewise, but those provisions are clearly unconstitutional and will not be enforceable.
If HB553 passes, Texas peace officers will have every reason to refuse to participate in the enforcement of these federal provisions. It's important to note that merely allowing a federal officer to use a Texas peace officer's office, telephone, computer, or city map would expose the Texas officer to criminal prosecution. Most COPS I know would love to see this pass and would be even happier to tell a federal agent "sorry, I can't help you." Undoubtedly, the Texas COP's face would look something like this.
I must admit that I've come full circle on the issue of passing legislation that purports to invalidate federal laws and/or creating offenses for federal agents enforcing federal provisions. Those laws are unconstitutional without question, but a number of states are filing such bills and if enough of them are passed, it sends a strong signal to Washington. I think it is important that we educate Texans on the fact that they are not going to be enforceable so they do not engage in acts that violate federal law and will land them in a federal prison.
Chas.
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