Texas House Bill HB112

Texas 2021 - 87th Regular

Caption

Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas; creating a criminal offense.

Impact

The bill prohibits any state or local governmental entity in Texas from adopting policies that enforce federal firearm laws established after January 1, 2021, if those laws impose restrictions not present in Texas state laws. Consequently, state agencies, municipalities, and local authorities would be barred from enforcing any federal rules regarding firearm regulation, which could have implications for law enforcement practices and federal-state relations concerning gun control measures. Entities violating these provisions would be ineligible for state grant funding, creating a financial incentive for compliance.

Summary

House Bill 112, titled the Texas Firearm Protection Act, seeks to limit the enforcement of certain federal laws related to firearms, ammunition, and firearm accessories within the State of Texas. The bill asserts Texas's rights under the Tenth and Ninth Amendments, emphasizing that powers not delegated to the federal government should remain with the states. It further aims to protect citizens' rights to keep and bear arms, as guaranteed by the Second Amendment and the Texas Constitution. By establishing this law, Texas aims to assert its sovereignty over regulations affecting firearms and their accessories.

Contention

Opposition to the bill may arise from concerns that it undermines federal authority and could impede effective enforcement of existing federal firearm laws. Critics argue that the lack of local enforcement could create loopholes that benefit unlawful firearm possession and trafficking. Proponents, however, view it as a necessary measure to uphold constitutional rights and safeguard Texas’s legislative autonomy. This conflict highlights broader debates over gun control, states' rights, and the interplay between state and federal jurisdictions.