There’s a reason why we have police officers on the streets. They protect us from the bad guys and enforce the law, even laws they may not necessarily agree with. That includes federal law. It’s their job and their duty. But one Republican lawmaker in Texas wants to arrest and charge police officers with a crime if they enforce federal gun laws.
GOP state Rep. Steve Toth opposes a federal assault weapons ban, so he introduced a bill in January to make it illegal for law enforcement officials to do their jobs.
The bill is the equivalent of a nullification law because it would prevent federal gun laws from being enforced within Texas borders, but Toth insists that isn’t the case.
During an appearance on Fox and Friends on Monday, Toth attempted to convince viewers and guest host Peter Johnson Jr that his bill isn’t a nullification bill.
“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. 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 not allowed to violate our Second Amendment as it pertains to these two things. The way you eat an elephant is one bite at a time, and we’re going to start first with state officials that are also dual — a state official that acts both as a federal and state official. These are people that are county sheriffs and so on.”
But when Johnson asked whether Texas law enforcement officials would be subject to arrest for enforcing federal gun laws, Toth admitted that indeed they would be, thus admitting that his bill prevents federal law from taking effect in Texas. In other words, the bill is a nullification bill. It just nullifies federal law in a different way.
JOHNSON: “Law enforcement officials in the state of Texas could be charged with a crime themselves if they enforced those federal provisions?”
Here’s a video of the interview:
If Toth’s bill becomes law, police in Texas would be forced to arrest their fellow officers for doing their jobs. Toth claims the bill protects officers who object to enforcing federal gun laws. What it really does is force officers to look the other way when a person purchases an assault weapon or a high capacity magazine or be charged with a crime for enforcing federal law even though the Constitution mandates that federal law is superior to state law. Making it a crime to enforce federal law violates the Constitution, specifically the Supremacy Clause, and opens the door for similar unconstitutional laws that would make it a crime to enforce other federal laws Republicans don’t like such as labor regulations, health care laws, environmental laws.
Republicans have also begun targeting their fellow lawmakers in an attempt to prevent new gun laws. A GOP backed bill introduced in Missouri would make it a crime for a legislator to introduce any new gun laws. These kinds of bills are just new ways to nullify federal laws.