Monday, April 15, 2013

Texas 2nd Amendment Preservation Bill

In accordance with the 10th Amendment to the US Constitution, The Texas House will to vote on a Second Amendment Preservation bill as early as Monday April 15, 2013.

With several other bills that would restore Second Amendment rights to Texas citizens left "pending" in committee, HB 928 will see its day on the House floor.

The Second Amendment Preservation bill essentially invokes the 10th Amendment of the US Constitution. That amendment states that any authority or power not explicitly granted to the federal government by the US Constitution is reserved to the states or individuals. Such a bill is nicknamed a "nullification" bill. If a majority of the states enact similar legislation or amendments to their state constitutions, ideally, the federal law becomes unenforceable.

The language of the Second Amendment Preservation bill clearly states that no state, county, or local law enforcement employee or officer will be allowed to participate in or enforce any federal law that infringes upon the Second Amendment. That is, they cannot do so unless the state has similar restrictions, laws, or regulations in the state's government or penal codes. Specified restrictions include those on magazine capacity, accessories, and firearms themselves.

A BILL TO BE ENTITLED 
AN ACT 
relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm  ammunition within the State of Texas. 
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 
       SECTION 1.  Chapter 1, Penal Code, is amended by adding 
Section 1.10 to read as follows: 
       Sec. 1.10.  ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section: 
             (1)  "Firearm" has the meaning assigned by Section 46.01. 
             (2)  "Firearm accessory" means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of a firearm. The term includes a detachable firearm magazine. 
       (b)  An agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state, may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition that remains exclusively within the borders of this state if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration 
requirement, that does not exist under the laws of this state.



Other gun-related legislation that may soon see a floor vote includes SB 164. That bill will likely see a Senate floor vote this week. The bill establishes special provisions for honorably discharged military veterans. Veterans will be able to request a special code on their concealed carry licenses and other relevant identifications indicating they are a veteran. The identifier is meant to honor veterans and identify the higher level of weapons proficiency, safety, marksmanship, and use of force training veterans routinely receive as part of their military service.

Some opponents of the bill fear the identifier may later be used to justify a mass revocation of the licenses. There exist several segments of society who attempt to create fear of veterans, painting all vets as extremely psychologically disturbed and dangerous. The bill operates on the exact opposite premise, that most veterans have proven to be more responsible and safe with firearms.



A BILL TO BE ENTITLED 
AN ACT 
relating to the issuance to veterans of specially marked licenses to carry a concealed handgun and specially marked personal identification certificates. 
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 
       SECTION 1.  Section 411.174, Government Code, is amended by adding Subsection (b-1) to read as follows: 
       (b-1)  The application must provide space for the applicant to: 
             (1)  list any military service that may qualify the applicant to receive a license with a veteran's designation under Section 411.179(e); and
             (2)  include proof required by the department to determine the applicant's eligibility to receive that designation. 
       SECTION 2.  Section 411.179, Government Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: 
       (a)  The department by rule shall adopt the form of the license.  A license must include: 
             (1)  a number assigned to the license holder by the department;
             (2)  a statement of the period for which the license is effective; 
             (3)  a statement of the category or categories of handguns the license holder may carry as provided by Subsection (b); 
             (4)  a color photograph of the license holder; 
             (5)  the license holder's full name, date of birth, hair and eye color, height, weight, and signature; 
             (6)  the license holder's residence address or, as provided by Subsection (d), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or the license holder serves as a state judge; [and
             (7)  the number of a driver's license or an identification certificate issued to the license holder by the 
department; and 
             (8)  the designation "VETERAN" if required underSubsection (e)
       (e)  In this subsection, "veteran" has the meaning assigned by Section 411.1951. The department shall include the designation "VETERAN" on the face of any original, duplicate, modified, or renewed license under this subchapter or on the reverse side of the license, as determined by the department, if the license is issued to a veteran who: 
             (1)  requests the designation; and 
             (2)  provides proof sufficient to the department of the veteran's military service and honorable discharge. 
       SECTION 3.  Section 521.101, Transportation Code, is amended by adding Subsection (l) to read as follows: 
       (l)  The application for the personal identification certificate must provide space for the applicant: 
             (1)  to voluntarily list any military service that may qualify the applicant to receive a personal identification certificate with a veteran's designation under Section 521.102; and 
             (2)  to include proof required by the department to determine the applicant's eligibility to receive that designation. 
       SECTION 4.  Subchapter E, Chapter 521, Transportation Code, is amended by adding Section 521.102 to read as follows: 
       Sec. 521.102.  DESIGNATOR ON PERSONAL IDENTIFICATION CERTIFICATE ISSUED TO VETERAN. (a) In this section, "veteran" means a person who: 
             (1)  has served in: 
                   (A)  the army, navy, air force, coast guard, or marine corps of the United States; or 
                   (B)  the Texas National Guard as defined by Section 431.001, Government Code; and 
             (2)  has been honorably discharged from the branch of the service in which the person served. 
       (b)  The department shall include the designation "VETERAN" on a personal identification certificate issued to a veteran in an available space on the face of the personal identification certificate or on the reverse side of the personal identification certificate if: 
             (1)  the veteran requests the designation; and 
             (2)  the veteran provides proof sufficient to the department of the veteran's military service and honorable discharge.



Contact your district's Senator and Representative to express your support of both of these bills as soon as possible. There is very limited time before the floor votes will occur.