State Rep. Toth, together with four other state lawmakers, is in the process of authoring the "Firearms Protection Act." That bill would make it a felony to enforce a federal law banning semi-automatic firearms or limiting the size of gun magazines. Toth says he feels compelled to protect the Second Amendment, the right to bear arms, as well as the 10th Amendment, which declares that powers not delegated to the federal government are reserved to the states.
"This is a right that we're given by the Constitution and it shouldn't be infringed upon. And that's what's going on right now. The talk from the administration is that his executive orders to infringe on those rights in some way shape reform the rights of Texans and we need to push back."
Toth says President Barack Obama knows that a bill restricting guns would not pass Congress, making an executive order the president's only hope. But even if Congress would side with Obama, Toth says Texans' gun ownership rights need to be protected.
"I'm opposed to anything the federal government would do to go back on their sworn obligation to uphold, defend and protect the United States Constitution from enemies both foreign and domestic. And if they go back on it, then we need to look at creative ways to challenge it at every step of the way."
Toth says it makes no sense to ban so-called assault rifles, such as the Bushmaster AR-15 that was used in the Newtown, Conn., school massacre. He says that kind of gun only looks like a military weapon but is essentially just a fancy-looking hunting rifle.
"My daughter's 24 and she has a concealed handgun license and she can squeeze off as many shots with a 40-caliber Taurus as I could with a Bushmaster rifle."
The bill would be modeled after a similar piece of legislation filed in Wyoming earlier this month.