What is a ‘Second Amendment Sanctuary’ State, and what would happen if Texas became one? – El Paso Times

Chad Lyle Published 7:01 a.m. MT April 9, 2021

President Joe Biden announced executive actions aimed at curbing gun violence. USA TODAY

Texas could soon join the ranks of a small, but growing, club of states that have passed laws that designate them as second amendment sanctuaries.

On Tuesday, the State Affairs Committee in the Texas House approved House Bill 2622, which would prevent state resources to enforce any new federal restrictions on firearms and ammunition. The bill, titled the Second Amendment Sanctuary State Act, would prevent state officials from enforcing new federal gun ownership rules, such as firearm registries, licensing requirements and confiscation programs.

It mirrors legislation that previously passed in Alaska, Kansas, Idaho, Wyoming, and, most recently, Arizona.

Basically, were freezing Texas state law and federal laws in place that have to do with guns, said the bills author, Rep. Justin Holland, R-Rockwall. And (were) not recognizing, at the state level, any federal changes.

Holland said he hadworked closely with Gov. Greg Abbotts office to write the legislation. Abbott had expressed his desire to make Texas a second amendment Sanctuary State during his 2021 State of the State address. Both officials have said they want to pass the legislation this session to counter a push by the Biden Administration to enact new gun control measures.

Current impending federal legislation and potentially forthcoming presidential executive orders from Washington D.C. are threatening to infringe on the constitutional rights of Texans, Holland said. Particularly the right to self-defense and to keep and bear arms.

On Thursday, Biden announced he would be taking executive action aimed at preventing gun violence, which he referred to as an epidemic. The Justice Department is poised to lead many of these efforts, including creatingnew rules to prevent people from building guns at home without serial numbers also known as ghost guns.

The Biden executive actions will also include a template that states can use to craft their own red flag laws, which generally allow family members and police officers to request that a court temporarily remove firearms from an individual who might be dangerous.

More: Biden looks to stem ghost guns,' unveils other steps to curb gun violence 'epidemic'

Biden also called for the Senate to take up gun control bills that the House passed in March. That legislation would require every gun buyer to receive a background check and give the FBI more time to vet prospective gun buyers.

The federal bills would extend the FBIs time window to deny firearm sales to citizens without failing a background check, Holland said. The Democrats in control in Congress, in the Senate, and in the White House have introduced and passed legislation, as well as talked about executive orders that would directly impact the Second Amendment, Constitutional rights of Texans.

While Holland was joined by almost 50 mostly Republican co-authors, not every Texas Democrat plans to welcome new federal firearm restrictions. Rep. Terry Canales, D-Edinburg, is a joint author of Hollands HB 2622. Although Canales could not be reached for comment by the El Paso Times by deadline, he has previously said he owns a large collection of assault rifles and roughly 580 guns.

Even without bipartisan support, however, HB 2622s path to becoming state law appears assured. The bill has a Senate companion, Senate Bill 541, by Sen. Drew Springer, R-Muenster, and Abbott has promoted the legislation on multiple occasions.

This is what Im seeking for Texas a law to defy any new federal gun control laws, Abbott said in a tweet Wednesday about Arizonas new Sanctuary State law. I look forward to signing it.

Holland said he anticipates that a sanctuary state bill signed by the governor would withstand a legal challenge if Congress subsequently passed new gun control laws. Similar to states that have legalized recreational marijuana use which is still a controlled substance at the federal level Texas would decline to use its own law enforcement agencies and resources to enforce the federal law, he said.

Were not precluding the federal government from coming and enforcing their laws, Holland said. Were just not gonna do it for them.

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What is a 'Second Amendment Sanctuary' State, and what would happen if Texas became one? - El Paso Times