Texas Rep. Drew Darby (R), a gun-rights advocate, was arrested earlier this month for attempting to bring a .38 caliber Ruger and six rounds of ammunition in a magazine through security at the Austin airport. Darby, a National Rifle Association member who has worked to limit gun laws, is currently out on bail and facing a felony charge.
Darby, who has served in the Texas House of Representatives since 2007, has been a fierce opponent of gun safety restrictions. In 2010, he endorsed continued expedited access to the state capitol building for citizens who, like him, possess concealed handgun permits. The Abilene Reporter-News noted at the time, “Darby said Texans have to go through rigorous background checks to get a concealed handgun license. He said that process reduces the risk of someone with a permit inflicting harm on others, but he acknowledged that it doesn’t eliminate the possibility entirely.” Additionally, “[Darby] said carrying a weapon inside the Capitol is a fundamental right.”
That all federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texan’s right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in this State and shall be further considered null and void and of no effect in this State.
Darby said the bill was “in response to concerns voiced by our constituents of alarming and unconstitutional federal executive orders,” and claimed that “Continuing to support and empower our law enforcement officers and medical community to address violence should be our approach, not taking guns out of the hands of law-abiding citizens.”
Rep. Darby said he forgot his weapon was in baggage and issued a statement saying he regretted the incident. Should Darby be convicted of the felony charge, he would be ineligible for a concealed weapon permit in Texas.
On January 3, 2014, the charge against Darby was dismissed, “pending further investigation.”