|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to exempting the intrastate manufacture of a firearm, a |
|
firearm accessory, or ammunition from federal regulation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. FINDINGS. (a) The Legislature of the State of |
|
Texas makes findings as stated in this section. |
|
(b) The Tenth Amendment to the United States Constitution |
|
guarantees to the states and their people all powers not granted to |
|
the federal government elsewhere in the constitution and reserves |
|
to the state and people of Texas certain powers as they were |
|
understood at the time that Texas was admitted to statehood in 1845. |
|
The guaranty of those powers is a matter of contract between the |
|
state and people of Texas and the United States dating from the time |
|
Texas became a state. |
|
(c) The Ninth Amendment to the United States Constitution |
|
guarantees to the people rights not granted in the constitution and |
|
reserves to the people of Texas certain rights as they were |
|
understood at the time that Texas became a state. The guaranty of |
|
those rights is a matter of contract between the state and people of |
|
Texas and the United States dating from the time Texas became a |
|
state. |
|
(d) The regulation of intrastate commerce is vested in the |
|
states under the Ninth and Tenth Amendments to the United States |
|
Constitution if not expressly preempted by federal law. The United |
|
States Congress has not expressly preempted state regulation of |
|
intrastate commerce relating to the manufacture on an intrastate |
|
basis of firearms, firearms accessories, and ammunition. |
|
(e) The Second Amendment to the United States Constitution |
|
reserves to the people the right to keep and bear arms as that right |
|
was understood at the time that Texas became a state, and the |
|
guaranty of the right is a matter of contract between the state and |
|
people of Texas and the United States dating from the time Texas |
|
became a state. |
|
(f) Section 23, Article I, Texas Constitution, clearly |
|
secures to Texas citizens the right to keep and bear arms. This |
|
constitutional protection is unchanged from the date the |
|
constitution was adopted in 1876. |
|
SECTION 2. DECLARATION. The Legislature of the State of |
|
Texas declares that a firearm, a firearm accessory, or ammunition |
|
manufactured in Texas, as described by Chapter 2003, Business & |
|
Commerce Code, as added by this Act, that remains within the borders |
|
of Texas: |
|
(1) has not traveled in interstate commerce; and |
|
(2) is not subject to federal law or federal |
|
regulation, including registration, under the authority of the |
|
United States Congress to regulate interstate commerce. |
|
SECTION 3. Title 99, Business & Commerce Code, is amended by |
|
adding Chapter 2003 to read as follows: |
|
CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM |
|
ACCESSORY, OR AMMUNITION |
|
Sec. 2003.001. DEFINITIONS. In this chapter: |
|
(1) "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 a firearm. The term includes a telescopic or laser |
|
sight, magazine, flash or sound suppressor, folding or aftermarket |
|
stock and grip, speedloader, ammunition carrier, and light for |
|
target illumination. |
|
(2) "Generic and insignificant part" means an item |
|
that has manufacturing or consumer product applications other than |
|
inclusion in a firearm, a firearm accessory, or ammunition. The |
|
term includes a spring, screw, nut, and pin. |
|
(3) "Manufacture" includes forging, casting, |
|
machining, or another process for working a material. |
|
Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a) |
|
For the purposes of this chapter, a firearm, a firearm accessory, or |
|
ammunition is manufactured in this state if the item is |
|
manufactured: |
|
(1) in this state from basic materials; and |
|
(2) without the inclusion of any part imported from |
|
another state other than a generic and insignificant part. |
|
(b) For the purposes of this chapter, a firearm is |
|
manufactured in this state if it is manufactured as described by |
|
Subsection (a) without regard to whether a firearm accessory |
|
imported into this state from another state is attached to or used |
|
in conjunction with it. |
|
Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A |
|
firearm, a firearm accessory, or ammunition that is manufactured in |
|
this state and remains in this state is not subject to federal law |
|
or federal regulation, including registration, under the authority |
|
of the United States Congress to regulate interstate commerce. |
|
(b) A basic material from which a firearm, a firearm |
|
accessory, or ammunition is manufactured in this state, including |
|
unmachined steel and unshaped wood, is not a firearm, a firearm |
|
accessory, or ammunition and is not subject to federal regulation |
|
under the authority of the United States Congress to regulate |
|
interstate commerce as if it actually were a firearm, a firearm |
|
accessory, or ammunition. |
|
Sec. 2003.004. EXCEPTIONS. This chapter does not apply to: |
|
(1) a firearm that cannot be carried and used by one |
|
person; |
|
(2) a firearm that has a bore diameter greater than 1.5 |
|
inches and that uses smokeless powder and not black powder as a |
|
propellant; |
|
(3) ammunition with a projectile that explodes using |
|
an explosion of chemical energy after the projectile leaves the |
|
firearm; or |
|
(4) any firearm that is capable of shooting more than |
|
two shots automatically, without manual reloading, by a single |
|
function of the trigger. |
|
Sec. 2003.005. MARKETING OF FIREARMS. A firearm |
|
manufactured and sold in this state must have the words "Made in |
|
Texas" clearly stamped on a central metallic part, such as the |
|
receiver or frame. |
|
Sec. 2003.006. ATTORNEY GENERAL. (a) On written |
|
notification to the attorney general by a citizen of the citizen's |
|
intent to manufacture a firearm, a firearm accessory, or ammunition |
|
to which this chapter applies, the attorney general shall seek a |
|
declaratory judgment from a federal district court in this state |
|
that this chapter is consistent with the United States |
|
Constitution. |
|
|
SECTION 4. This Act applies only to a firearm, a firearm |
|
accessory, as that term is defined by Section 2003.001, Business & |
|
Commerce Code, as added by this Act, and ammunition that is |
|
manufactured on or after the effective date of this Act. |
|
SECTION 5. This Act takes effect September 1, 2013. |