On Civil Disobedience
This might come as a surprise to you, but that Texas Republican who's threatening legislation to jail any gun-grabbin' federales with a mind to violatin' the Second Amendment in the Lone Star State actually has history on his side. Here's the story:
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.
And here's the precedent:
In the Roaring Twenties, after the passage of the 18th Amendment and the Volstead Act, Prohibition was the law of the land -- but it wasn't necessarily the law of the states. After an initial burst of enthusiasm for shuttering bars and raiding breweries, many cities and states lost their appetite for local enforcement once they started hearing from their constituents, including the gangsters who'd quickly taken over the lucrative black market in booze. So they simply stopped enforcing the law, figuring if the feds wanted to give it a try, that was their problem.