Bill Text: TX SB100 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-07-21 - Filed [SB100 Detail]

Download: Texas-2017-SB100-Introduced.html
  85S11280 CLG-F
 
  By: Hall S.B. No. 100
 
 
 
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.  The Legislature of the State of Texas finds that:
               (1)  The Tenth Amendment to the United States
  Constitution reserves to the states and the people all powers not
  granted to the federal government elsewhere in the constitution, as
  those powers 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.
               (2)  The Ninth Amendment to the United States
  Constitution guarantees to the people rights not enumerated in the
  constitution, as those rights were understood at the time 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.
               (3)  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.
               (4)  The Second Amendment to the United States
  Constitution guarantees the right of the people to keep and bear
  arms, as that right was understood at the time Texas became a state.  
  The guaranty of that 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.
               (5)  Section 23, Article I, Texas Constitution, secures
  to Texas citizens the right to keep and bear arms. That
  constitutional protection is unchanged from the date the
  constitution was adopted in 1876.
         SECTION 2.  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.  On written notification
  to the attorney general by a United States citizen who resides in
  this state 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, or ammunition that is
  manufactured on or after the effective date of this Act.
         SECTION 5.  This Act takes effect December 1, 2017.
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