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Texas eyes 'gun ban' ban

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    Lone Star lawmaker defying government or protecting Constitution?

  • Duration 3:30
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Should state police officers be prevented from enforcing.

Federal gun laws our next guest says not only should it be prevented it should be illegal.

Texas State representative Steve -- joins us from Austin, Texas he's proposed a new state law to make it a state crime to assist.

The federal government's efforts to ban.

Assault weapons.

Good morning representative.

Morning Peter how are you.

Look let's talk about this hard.

Right at the beginning on its face your -- seems to violate the supremacy clause.

Of the United States constitution.

Which gives precedence.

To federal law.

Over state law tell me why doesn't -- tell me -- you and tend to enforce this.

In the state of Texas.

Sure this is not a nullification bill.

-- some has said had suggested it would be like the Wyoming bill we we we -- a very specific portion of where the Obama administration's.

Propose legislation is infringing on our Second Amendment right.

It only deals in those two things it is an example the size of a magazine -- the type of weapon we're very specific about it.

And we are not going after federal officials -- simply saying state officials within the state of Texas are not allowed to -- Second Amendment.

As it pertains to these two things were very careful about that well.

When my understanding of it is that -- then you tell me if I'm wrong they've been some reports that under your law.

That is a federal official from the ATF or the FBI.

Sought to enforce.

Federal firearms laws.

That that's federal official would be subject to arrest.

In the state of Texas is that true and if it's true is it constitutional.

That is Wyoming's bill that is not our bill okay so we we're very we're very specific when we drafted this bill with the attorney general to make sure that it was not -- bill.

And on the weighed -- Nelson is one bite at a time -- -- -- start first with state officials.

-- -- -- That they're big and a state official but acts -- both -- federal state official.

So and that these are people that are county go ahead.

I theoretically let's talk about this say the federal government the congress and the president signs a bill.

Banning assault weapons you're saying straight out that if -- bill passes your legislature and it's signed by the governor.

Law enforcement officials in the state of Texas could be charged with a crime themselves.

If say in her course those federal provisions has anything like that -- ever been tested constitutionally.

No not not that we know of and here's the problem and here's while we did this.

The very first David Barack Obama start talking about infringing on our second amendments my share of sheriff Tommy gage said today.

He not only would he not enforce this federal law but none of his deputies wouldn't -- it either.

And from that point on dozens and dozens of county sheriffs around the state of Texas said -- -- -- abide by this and this this sets up a problem because.

If if in fact this this legislation does go through they would be subject to.

Prosecution by air colder I've got in the Justice Department thank you so we -- to protect them time has run out but I appreciate your your provocative thoughts on this very interesting subject.

Let us know what happens along the way.

Thank you Peter good to see.

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