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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting the intrastate manufacture of a firearm, a |
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firearm accessory, or ammunition from federal regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. FINDINGS. (a) The Legislature of the State of |
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Texas makes findings as stated in this section. |
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(b) The Tenth Amendment to the United States Constitution |
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guarantees to the states and their people all powers not granted to |
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the federal government elsewhere in the constitution and reserves |
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to the state and people of Texas certain powers as they were |
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understood at the time that Texas was admitted to statehood in 1845. |
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The guaranty of those powers is a matter of contract between the |
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state and people of Texas and the United States dating from the time |
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Texas became a state. |
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(c) The Ninth Amendment to the United States Constitution |
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guarantees to the people rights not granted in the constitution and |
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reserves to the people of Texas certain rights as they were |
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understood at the time that Texas became a state. The guaranty of |
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those rights is a matter of contract between the state and people of |
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Texas and the United States dating from the time Texas became a |
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state. |
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(d) The regulation of intrastate commerce is vested in the |
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states under the Ninth and Tenth Amendments to the United States |
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Constitution if not expressly preempted by federal law. The United |
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States Congress has not expressly preempted state regulation of |
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intrastate commerce relating to the manufacture on an intrastate |
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basis of firearms, firearms accessories, and ammunition. |
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(e) The Second Amendment to the United States Constitution |
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reserves to the people the right to keep and bear arms as that right |
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was understood at the time that Texas became a state, and the |
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guaranty of the right is a matter of contract between the state and |
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people of Texas and the United States dating from the time Texas |
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became a state. |
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(f) Section 23, Article I, Texas Constitution, clearly |
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secures to Texas citizens the right to keep and bear arms. This |
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constitutional protection is unchanged from the date the |
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constitution was adopted in 1876. |
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SECTION 2. DECLARATION. The Legislature of the State of |
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Texas declares that a firearm, a firearm accessory, or ammunition |
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manufactured in Texas, as described by Chapter 2003, Business & |
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Commerce Code, as added by this Act, that remains within the borders |
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of Texas: |
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(1) has not traveled in interstate commerce; and |
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(2) is not subject to federal law or federal |
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regulation, including registration, under the authority of the |
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United States Congress to regulate interstate commerce. |
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SECTION 3. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2003 to read as follows: |
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CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM |
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ACCESSORY, OR AMMUNITION |
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Sec. 2003.001. DEFINITIONS. In this chapter: |
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(1) "Firearm accessory" means an item that is used in |
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conjunction with or mounted on a firearm but is not essential to the |
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basic function of a firearm. The term includes a telescopic or |
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laser sight, magazine, flash or sound suppressor, folding or |
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aftermarket stock and grip, speedloader, ammunition carrier, and |
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light for target illumination. |
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(2) "Generic and insignificant part" means an item |
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that has manufacturing or consumer product applications other than |
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inclusion in a firearm, a firearm accessory, or ammunition. The |
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term includes a spring, screw, nut, and pin. |
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(3) "Manufacture" includes forging, casting, |
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machining, or another process for working a material. |
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Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a) |
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For the purposes of this chapter, a firearm, a firearm accessory, or |
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ammunition is manufactured in this state if the item is |
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manufactured: |
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(1) in this state from basic materials; and |
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(2) without the inclusion of any part imported from |
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another state other than a generic and insignificant part. |
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(b) For the purposes of this chapter, a firearm is |
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manufactured in this state if it is manufactured as described by |
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Subsection (a) without regard to whether a firearm accessory |
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imported into this state from another state is attached to or used |
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in conjunction with it. |
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Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A |
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firearm, a firearm accessory, or ammunition that is manufactured in |
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this state and remains in this state is not subject to federal law |
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or federal regulation, including registration, under the authority |
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of the United States Congress to regulate interstate commerce. |
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(b) A basic material from which a firearm, a firearm |
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accessory, or ammunition is manufactured in this state, including |
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unmachined steel and unshaped wood, is not a firearm, a firearm |
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accessory, or ammunition and is not subject to federal regulation |
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under the authority of the United States Congress to regulate |
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interstate commerce as if it actually were a firearm, a firearm |
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accessory, or ammunition. |
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Sec. 2003.004. EXCEPTIONS. This chapter does not apply to: |
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(1) a firearm that cannot be carried and used by one |
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person; |
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(2) a firearm that has a bore diameter greater than 1.5 |
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inches and that uses smokeless powder and not black powder as a |
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propellant; |
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(3) ammunition with a projectile that explodes using |
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an explosion of chemical energy after the projectile leaves the |
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firearm; or |
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(4) a firearm that discharges two or more projectiles |
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with one activation of the trigger or other firing device. |
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Sec. 2003.005. MARKETING OF FIREARMS. A firearm manufactured |
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and sold in this state must have the words "Made in Texas" clearly |
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stamped on a central metallic part, such as the receiver or frame. |
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Sec. 2003.006. ATTORNEY GENERAL. (a) The attorney general |
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shall defend a citizen of this state whom the federal government |
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attempts to prosecute, claiming the power to regulate interstate |
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commerce, for violation of a federal law concerning the |
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manufacture, sale, transfer, or possession of a firearm, a firearm |
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accessory, or ammunition manufactured and retained in this state. |
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(b) On written notification to the attorney general by a |
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citizen of the citizen's intent to manufacture a firearm, a firearm |
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accessory, or ammunition to which this chapter applies, the |
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attorney general shall seek a declaratory judgment from a federal |
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district court in this state that this chapter is consistent with |
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the United States Constitution. |
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SECTION 4. This Act applies only to a firearm, a firearm |
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accessory, as that term is defined by Section 2003.001, Business & |
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Commerce Code, as added by this Act, and ammunition that is |
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manufactured on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2011. |