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Texas Penal Code Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION

Board Certified Criminal Defense Attorney Brian Foley provides commentary on the Texas Penal Code, Criminal Law, and Evidence.

Texas Penal Code Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION

Section 1.10 of the Texas Penal Code prohibits agencies of the state of Texas, political subdivisions of the state, and law enforcement officers or other state-employed personnel from assisting federal agencies or officials in enforcing certain federal firearm regulations. Specifically, they may not assist with enforcing federal regulations that impose a prohibition, restriction, or other regulation that does not exist under Texas state law and that relate to a registry requirement for a firearm, a firearm accessory, or ammunition, a licensing requirement for owning, possessing, or carrying these items, a requirement for background checks for private sales or transfers of these items, a program for confiscating these items from people who are not prohibited from possessing them under Texas law, or a program that requires owners to sell these items.

The section also provides that political subdivisions that violate this prohibition may not receive state funds, and individuals may file complaints with the attorney general regarding such violations. The attorney general may file a lawsuit and obtain equitable relief to compel compliance with the prohibition, and they will defend any agency of the state that follows the requirements of this section in a lawsuit brought by the federal government.

For more information check out the following articles:

Article Title: Texas Lawmakers Pass Bill Prohibiting Enforcement Of Federal Gun Control Laws
This article from NPR provides an overview of the legislation in Texas that prohibits state and local law enforcement agencies from enforcing certain federal gun control laws. The article discusses the specifics of the law and how it is expected to impact gun ownership and gun control efforts in the state.

Article Title: Texas Enacts Law Prohibiting State and Local Government Cooperation With Federal Firearm Laws
This article from JD Supra provides a legal analysis of the Texas law that prohibits state and local government cooperation with federal firearm laws. The article discusses the potential implications of the law, including how it may affect gun control efforts at the federal level and the potential legal challenges that may arise.

Article Title: Texas lawmakers pass bill to prohibit enforcement of federal gun laws
This article from The Hill provides an overview of the Texas legislation that prohibits state and local law enforcement from enforcing certain federal gun control laws. The article discusses the political context of the law, as well as the potential implications for gun owners and gun control advocates in the state.


Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION.
(a) In this section:
(1) "Ammunition" has the meaning assigned by Section 229.001, Local Government Code.
(2) "Firearm" has the meaning assigned by Section 46.01.
(3) "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 the firearm. The term includes a detachable firearm magazine.
(4) "State funds" means money appropriated by the legislature or money under the control or direction of a state agency.
(b) Notwithstanding any other law, an agency of this state, a political subdivision of this state, or 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 that:
(1) imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state; and (2) relates to:
(A) a registry requirement for a firearm, a firearm accessory, or ammunition;
(B) a requirement that an owner of a firearm, a firearm accessory, or ammunition possess a license as a condition of owning, possessing, or carrying the firearm, firearm accessory, or ammunition;
(C) a requirement that a background check be conducted for the private sale or transfer of a firearm, a firearm accessory, or ammunition;
(D) a program for confiscating a firearm, a firearm accessory, or ammunition from a person who is not otherwise prohibited by the laws of this state from possessing the firearm, firearm accessory, or ammunition; or
(E) a program that requires an owner of a firearm, a firearm accessory, or ammunition to sell the firearm, firearm accessory, or ammunition.
(c) Subsection (b) does not apply to a contract or agreement to provide assistance in the enforcement of a federal statute, order, rule, or regulation in effect on January 19, 2021.
(d) A political subdivision of this state may not receive state funds if the political subdivision enters into a contract or adopts a rule, order, ordinance, or policy under which the political subdivision requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b) or, by consistent actions, requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b). State funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has required or assisted with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b).
(e) Any individual residing in the jurisdiction of a political subdivision of this state may file a complaint with the attorney general if the individual offers evidence to support an allegation that the political subdivision has entered into a contract or adopted a rule, order, ordinance, or policy under which the political subdivision requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b) or evidence to support an allegation that the political subdivision, by consistent actions, requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b). The individual must include with the complaint the evidence the individual has that supports the complaint.
(f) If the attorney general determines that a complaint filed under Subsection (e) against a political subdivision of this state is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in a county in which the principal office of the political subdivision is located to compel the political subdivision to comply with Subsection (b). The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
(g) An appeal of a suit brought under Subsection (f) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. The appellate court shall render its final order or judgment with the least possible delay.
(h) The attorney general shall defend any agency of this state in a suit brought against the agency by the federal government for an action or omission consistent with the requirements of this section.

Added by Acts 2021, 87th Leg., R.S., Ch. 819 (H.B. 2622), Sec. 2, eff. September 1, 2021.

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