Lawmakers in Texas will consider legislation to bar the enforcement of any federal gun control law that “infringes on a law abiding citizen’s right to keep and bear arms.” The bill, numbered HB 176, is titled The Second Amendment Preservation Act and was introduced by state representative Tim Kleinschmidt (R-Dist. 17).
According to the Tenth Amendment Center, Kleinschmidt’s bill sets forth specific examples to show which federal gun control laws would be unenforceable.
For instance, a federal law could not be enforced in the state of Texas if it: “imposes a tax, fee, or stamp on a firearm, firearm accessory, or firearm ammunition that is not common to all other goods and services and [which] may be reasonably expected to create a chilling effect on the purchase or ownership of those items by a law-abiding citizen.”
Moreover, if a federal law “requires the registration or tracking of a firearm, firearm accessory, or firearm ammunition or the owners of those items…[and] may be reasonably expected to create chilling effect on the purchase or ownership of those items by law-abiding citizens” then that law would also be unenforceable.
Laws ordering “confiscation” of firearms, firearm accessories, or ammunition would also be invalid in the state.
In 2013 Kleinschmidt worked for a law barring “public and state colleges and universities from adopting administrative rules banning the possession, transportation, and storage of lawfully-owned firearms and ammunition in private motor vehicles by students and visitors with Concealed Handgun Licenses.”
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