Texas House Bill HB413

Texas 2015 - 84th Regular

Caption

Relating to protection of the right to keep and bear arms within the State of Texas.

Impact

If enacted, HB 413 would establish a significant legal framework asserting Texas's right to self-govern in matters of firearm regulation. It deprives federal laws concerning firearms—including those that impose taxes, usage restrictions, and confiscation protocols—of enforceability in Texas. This legislation would essentially empower citizens to challenge federal regulations in state courts and seek damages against government employees who infringe upon their rights as defined under this act. The prospective statutory amendments could lead to increased legal conflicts between state and federal authorities, particularly regarding firearm legislation.

Summary

House Bill 413, known as the Second Amendment Preservation Act, seeks to fortify the right of Texans to keep and bear arms against federal laws that the bill deems to infringe upon this right. The text articulates a resolute position that the federal government should not exceed its constitutionally assigned powers, particularly in the realm of gun ownership and regulation. By stating that any federal statute that restricts a citizen's ability to make, own, or use firearms is invalid in Texas, the bill positions the state against federal intervention concerning gun rights.

Contention

The bill has garnered attention for its contentious stance against federal governance. Critics argue that HB 413 could promote an environment where law-abiding citizens are emboldened to ignore federal laws and further complicate law enforcement duties. Supporters, however, assert that the bill reinforces constitutional rights and protects citizens from overreach by the federal government. The discussions surrounding the bill highlight age-old debates about states' rights versus federal authority, and the implications of such legislation could provoke significant discussions about the balance of power in governing gun rights.