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States standing up to federal overreach on guns: Wyoming and Texas

Posted: January 19, 2013 at 12:25 pm   /   by

First, we have, perhaps unsurprisingly, Texas:

A Texas lawmaker says he plans to file the Firearms Protection Act, which would make any federal laws that may be passed by Congress or imposed by Presidential order which would ban or restrict ownership of semi-automatic firearms or limit the size of gun magazines illegal in the state, 1200 WOAI news reports.

Republican Rep. Steve Toth says his measure also calls for felony criminal charges to be filed against any federal official who tries to enforce the rule in the state.

“If a federal official comes into the state of Texas to enforce the federal executive order, that person is subject to criminal prosecution,” Toth told 1200 WOAI’s Joe Pags Tuesday.  He says his bill would make attempting to enforce a federal gun ban in Texas punishable by a $50,000 fine and up to five years in prison.

Toth says he will file his measure after speaking with the state’s Republican Attorney General, Greg Abbott, who has already vowed to fight any federal measures which call for restrictions on weapons possession.

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Second, look at this bill from Wyoming, the text of which is below. Look at the strikethroughs (the deleted and replaced text). They didn’t water the bill down, they amped it up!


Firearm Protection Act.

Sponsored by: Representative(s) Kroeker, Baker, Burkhart, Jaggi, Miller, Piiparinen, Reeder and

Winters and Senator(s) Dockstader and Hicks

A BILL for

1 ANACTrelatingtofirearms;providingthatanyfederallaw 2 which attempts to ban a semi-automatic firearm or to limit 3 the size of a magazine of a firearm or other limitation on 4 firearms in this state shall be unenforceable in Wyoming; 5 providing a penalty; and providing for an effective date.

6 7 Be It Enacted by the Legislature of the State of Wyoming: 8 9 Section 1. W.S. 6-8-405 is amended to read:

10 11 6-8-405. Offenses and penalties; defense of Wyoming 12 citizens. 13 14 (a) No public servant as defined in W.S. 6-5-101, or 15 dealer selling any firearm in this state shall enforce or 16 attempt to enforce any act, law, statute, rule or

1 HB0104


1 regulation of the United States government relating to a 2 personal firearm, firearm accessory or ammunition that is 3 owned or manufactured commercially or privately in Wyoming

4 and that remains exclusively within the borders of Wyoming. 5 6 (b) Any official, agent or employee of the United 7 States government who enforces or attempts to enforce any 8 act, order, law, statute, rule or regulation of the United 9 States government upon a personal firearm, a firearm

10 accessory or ammunition that is owned or manufactured

11 commercially or privately in Wyoming and that remains 12 exclusively within the borders of Wyoming shall be guilty 13 of a misdemeanor felony and, upon conviction, shall be

14 subject to imprisonment for not more less than one (1) year

15 and one (1) day or more than five (5) years, a fine of not

16 more than two thousand dollars ($2,000.00) five thousand

17 dollars ($5,000.00), or both.

18 19 (c) The attorney general may defend a citizen of 20 Wyoming who is prosecuted by the United States government 21 forviolationofafederallawrelatingtothemanufacture, 22 sale, transfer or possession of a firearm, a firearm 23 accessory or ammunition owned or manufactured and retained

24 exclusively within the borders of Wyoming. 2 HB0104

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18

(d) Any federal law, rule, regulation or order

created or effective on or after January 1, 2013 shall be

unenforceable within the borders of Wyoming if the law,

rule, regulation or order attempts to:

(i) Ban or restrict ownership of a semi-

automatic firearm or any magazine of a firearm; or

(ii) Require any firearm, magazine or other

firearm accessory to be registered in any manner.

Section 2. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.



3 HB0104

Christopher Cook

Christopher Cook

Managing Editor at Western Free Press
Christopher Cook is a writer, editor, and political commentator. He is the president of Castleraine, Inc., a consulting firm providing a diverse array of services to corporate, public policy, and not-for-profit clients.

Ardently devoted to the cause of human freedom, he has worked at the confluence of politics, activism, and public policy for more than a decade. He co-wrote a ten-part series of video shorts on economics, and has film credits as a researcher on 11 political documentaries, including Citizens United's notorious film on Hillary Clinton that became the subject of a landmark Supreme Court decision. He is the founder of several activist endeavors, including (now a part of Western Free Press) and He is currently the managing editor of and principal contributor to
Christopher Cook

States standing up to federal overreach on guns: Wyoming and Texas