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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain federal laws regulating |
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firearms, firearm accessories, and firearm ammunition within the |
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State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Legislature of the State of Texas finds that: |
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(1) The Tenth Amendment to the United States |
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Constitution reserves to the states and the people all powers not |
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granted to the federal government elsewhere in the constitution, as |
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those powers were understood at the time Texas was admitted to |
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statehood in 1845. The guaranty of those powers is a matter of |
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contract between the state and people of Texas and the United States |
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dating from the time Texas became a state. |
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(2) The Ninth Amendment to the United States |
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Constitution guarantees to the people rights not enumerated in the |
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constitution, as those rights were understood at the time Texas |
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became a state. The guaranty of those rights is a matter of |
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contract between the state and people of Texas and the United States |
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dating from the time Texas became a state. |
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(3) The Second Amendment to the United States |
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Constitution guarantees the right of the people to keep and bear |
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arms, as that right was understood at the time Texas became a state. |
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The guaranty of that right is a matter of contract between the state |
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and people of Texas and the United States dating from the time Texas |
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became a state. |
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(4) Section 23, Article I, Texas Constitution, secures |
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to Texas citizens the right to keep and bear arms. That |
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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. Chapter 1, Penal Code, is amended by adding |
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Section 1.10 to read as follows: |
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Sec. 1.10. REGULATION OF INTRASTATE FIREARMS, FIREARM |
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ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01. |
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(2) "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 detachable firearm |
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magazine. |
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(b) A state or local government officer, agent, employee, or |
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representative may not enforce or attempt to enforce any federal |
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statute, order, rule, or regulation that: |
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(1) purports to regulate a firearm, a firearm |
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accessory, or firearm ammunition that remains exclusively within |
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the borders of this state; |
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(2) took effect on or after January 1, 2013; and |
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(3) imposes a prohibition, restriction, or other |
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regulation, such as a capacity or size limitation or a registration |
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requirement, that does not exist under the laws of this state. |
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(c) On written notice to the attorney general by a resident |
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of this state of the resident's intent to engage in an act that is |
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consistent with state law but may contradict a federal statute, |
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order, rule, or regulation described by Subsection (b), the |
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attorney general may seek a declaratory judgment from a federal |
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district court in this state that this section is consistent with |
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the United States Constitution. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |