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031313 HOUSE COMITEE ON ARMS CONTROL EMC OFFICIALS

900 views · Published 16 March 2013 · 4:58 · Indexed 25 September 2026

Channel: SCOTT ENGLE-MONTGOMERY COUNTY POLICE REPORTER- · 2013 · News & Politics

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Precinct 4 Justice of the Peace James Metts and Precinct 4 Constable Kenneth "Rowdy" Hayden testified in Austin Wednesday afternoon before the House Committee on Federalism and Fiscal Responsibility (Rep. Brandon Creighton R-Dist. 16, Chairman) regarding HB 1076, better known as the "Firearm Protection Act". Both officials delivered impassioned speeches on the legislation the hope will be passed into law. 
HB 1076, introduced by Representative Steve Toth (R-15th District) and co-sponsored by Rep. Cecil Bell (R-3rd District) and provides protection for law enforcement within the state of Texas from being forced to enforce unconstitutional federal regulations regarding firearms, firearm accessories and ammunition. HB 1076 goes a step beyond some other legislation that has been discussed and introduced not only by denying grant funding to any entity enforcing the federal regulations in question but also by criminalizing that enforcement. Officials found enforcing the regulations would be subject to arrest, charged with a Class A misdemeanor. 
The bill was carefully constructed to include and therefore provide an umbrella of protection for "the State of Texas, including an "agency, department, commission, bureau, board, office, council, court or another entity that is in any branch of state government and that is created by the Constitution or a statute of this state, including a university system or a system of higher education; the governing body of a municipality, county, or special district or authority an officer, employee, or other body that is part of a municipality, county, or special district or authority, including a sheriff, municipal police department, municipal attorney, or county attorney; and a district attorney or criminal district attorney."
Constable Hayden opened by explaining how he gained his perspective on the subject, and why he vows never to enforce federal regulations that remove the rights provided by the Second Amendment. 

"I grew up as the son of a Texas Constable, and now hold that position myself, in a community where most residents own firearms," he said. "Like my father before me, I have a good relationship with our law abiding citizens and there is a sacred trust between us."

The East Montgomery County Constable said he spent his life watching news reports and film clips on activity in "other countries where unarmed citizens are terrified of, and terrorized by law enforcement."

"I will not be a part of what I believe with all my heart is the beginning of our transition to one of those other countries," Constable Hayden said. "The right to keep and bear arms is guaranteed in our nation's Constitution and our state Constitution, and I refuse to use my position to trample on the rights our forefathers fought and died to protect."

He then recalled the recent 177th anniversary of the Battle of the Alamo, saying Texans were underestimated by Santa Ana and his large well-armed forces.
 
"A small, poorly armed, but determined group held the Alamo for 13 days against thousands of well-armed Mexican Army troops," Constable Hayden said. "The Alamo eventually fell, but it only strengthened the resolve of other Texans. Their courage and sacrifice became the battle cry, "Remember the Alamo," that spurred General Sam Houston's forces to victory at the Battle of San Jacinto."

The Constable said Texans were again being underestimated "by people who don't understand us, and mistakenly believe they can take away our rights without a fight."

Judge Metts also approached his support for HB 1076 with a historical reference.
"A wise man once said the highways of history are strewn with the wreckage of nations that forgot God," he said. "They are also littered with remains of peoples that had no weapons to defend themselves."
The Judge said human beings have a "God given right" and Americans have a "Constitutional right" to "defend ourselves, our families, and our property." 
"We cannot, and will not, stand by and allow them to be infringed upon," he said.   
The Judge then read from an article penned by Ronald Reagan in 1975, before he ran for President. In it, Mr. Reagan said the gun had been called the "great equalizer," not only because it makes a small person equal to a large person, but because it "insures that the people are the equal of their government whenever that government forgets that it is servant and not master of the governed."

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