Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.
Impact
If passed, SB130 would alter the legal landscape for firearms in Texas, effectively ensuring that locally manufactured firearms, components, and ammunition are treated as exempt from federal oversight. This would mean that manufacturers could operate without federal registration or regulatory interference, potentially spurring growth in local businesses focused on firearm production. The bill also includes provisions that require items to be identifiable as 'Made in Texas', thereby fostering a sense of local pride and state identity in firearm culture. However, it limits certain exceptions, such as firearms that cannot be carried or those that discharge more than two rounds automatically.
Summary
SB130 is a legislative bill introduced in Texas that aims to exempt the intrastate manufacture of firearms, firearm accessories, and ammunition from federal regulation. The bill is grounded in the belief that the Tenth and Ninth Amendments to the United States Constitution grant states extensive powers to regulate intrastate commerce. It asserts that since the U.S. Congress has not expressly preempted such regulation, Texas should have the authority to govern these matters independently. Furthermore, the bill reinforces the Second Amendment rights of Texans by declaring that any firearm or accessory made within Texas and remaining within its borders is not subject to federal law or regulation.
Contention
Discussions surrounding SB130 are likely to be contentious, as the bill raises significant legal questions about state versus federal authority over firearms. Advocates for the bill argue that it strengthens individual rights and aligns with the constitutional protections granted to Texas citizens regarding firearms. On the other hand, opponents may contend that this bill could undermine national efforts to regulate firearms, potentially increasing the risk of unregulated firearms circulating within and beyond Texas. This dichotomy may lead to legal challenges regarding the enforcement of such exemptions against federal law, accentuating ongoing national debates about gun control.
Relating to prohibiting a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes; imposing a civil penalty.
Relating to the imposition of a sales tax on ammunition, firearms, and firearms accessories to provide funding for the family violence program in the Health and Human Services Commission.
Relating to the imposition of a sales tax on ammunition, firearms, and firearms accessories to provide funding for the family violence program in the Health and Human Services Commission.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.