81R9687 DAK-F
By: Berman, Kleinschmidt, Bonnen, Weber, H.B. No. 1863
Flynn, et al.
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) a firearm that discharges two or more projectiles
with one activation of the trigger or other firing device.
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) The attorney general
shall defend a citizen of this state whom the federal government
attempts to prosecute, claiming the power to regulate interstate
commerce, for violation of a federal law concerning the
manufacture, sale, transfer, or possession of a firearm, a firearm
accessory, or ammunition manufactured and retained in this state.
(b) 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, 2009.