Texas 2009 - 81st Regular

Texas House Bill HB1863 Compare Versions

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Old	New	Differences
1	1	81R9687 DAK-F
2	2	By: Berman, Kleinschmidt, Bonnen, Weber, H.B. No. 1863
3	3	Flynn, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to exempting the intrastate manufacture of a firearm, a
9	9	firearm accessory, or ammunition from federal regulation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. FINDINGS. (a) The Legislature of the State of
12	12	Texas makes findings as stated in this section.
13	13	(b) The Tenth Amendment to the United States Constitution
14	14	guarantees to the states and their people all powers not granted to
15	15	the federal government elsewhere in the constitution and reserves
16	16	to the state and people of Texas certain powers as they were
17	17	understood at the time that Texas was admitted to statehood in 1845.
18	18	The guaranty of those powers is a matter of contract between the
19	19	state and people of Texas and the United States dating from the time
20	20	Texas became a state.
21	21	(c) The Ninth Amendment to the United States Constitution
22	22	guarantees to the people rights not granted in the constitution and
23	23	reserves to the people of Texas certain rights as they were
24	24	understood at the time that Texas became a state. The guaranty of
25	25	those rights is a matter of contract between the state and people of
26	26	Texas and the United States dating from the time Texas became a
27	27	state.
28	28	(d) The regulation of intrastate commerce is vested in the
29	29	states under the Ninth and Tenth Amendments to the United States
30	30	Constitution if not expressly preempted by federal law. The United
31	31	States Congress has not expressly preempted state regulation of
32	32	intrastate commerce relating to the manufacture on an intrastate
33	33	basis of firearms, firearms accessories, and ammunition.
34	34	(e) The Second Amendment to the United States Constitution
35	35	reserves to the people the right to keep and bear arms as that right
36	36	was understood at the time that Texas became a state, and the
37	37	guaranty of the right is a matter of contract between the state and
38	38	people of Texas and the United States dating from the time Texas
39	39	became a state.
40	40	(f) Section 23, Article I, Texas Constitution, clearly
41	41	secures to Texas citizens the right to keep and bear arms. This
42	42	constitutional protection is unchanged from the date the
43	43	constitution was adopted in 1876.
44	44	SECTION 2. DECLARATION. The Legislature of the State of
45	45	Texas declares that a firearm, a firearm accessory, or ammunition
46	46	manufactured in Texas, as described by Chapter 2003, Business &
47	47	Commerce Code, as added by this Act, that remains within the borders
48	48	of Texas:
49	49	(1) has not traveled in interstate commerce; and
50	50	(2) is not subject to federal law or federal
51	51	regulation, including registration, under the authority of the
52	52	United States Congress to regulate interstate commerce.
53	53	SECTION 3. Title 99, Business & Commerce Code, is amended by
54	54	adding Chapter 2003 to read as follows:
55	55	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
56	56	ACCESSORY, OR AMMUNITION
57	57	Sec. 2003.001. DEFINITIONS. In this chapter:
58	58	(1) "Firearm accessory" means an item that is used in
59	59	conjunction with or mounted on a firearm but is not essential to the
60	60	basic function of a firearm. The term includes a telescopic or
61	61	laser sight, magazine, flash or sound suppressor, folding or
62	62	aftermarket stock and grip, speedloader, ammunition carrier, and
63	63	light for target illumination.
64	64	(2) "Generic and insignificant part" means an item
65	65	that has manufacturing or consumer product applications other than
66	66	inclusion in a firearm, a firearm accessory, or ammunition. The
67	67	term includes a spring, screw, nut, and pin.
68	68	(3) "Manufacture" includes forging, casting,
69	69	machining, or another process for working a material.
70	70	Sec. 2003.002. MEANING OF MANUFACTURED IN THIS STATE. (a)
71	71	For the purposes of this chapter, a firearm, a firearm accessory, or
72	72	ammunition is manufactured in this state if the item is
73	73	manufactured:
74	74	(1) in this state from basic materials; and
75	75	(2) without the inclusion of any part imported from
76	76	another state other than a generic and insignificant part.
77	77	(b) For the purposes of this chapter, a firearm is
78	78	manufactured in this state if it is manufactured as described by
79	79	Subsection (a) without regard to whether a firearm accessory
80	80	imported into this state from another state is attached to or used
81	81	in conjunction with it.
82	82	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
83	83	firearm, a firearm accessory, or ammunition that is manufactured in
84	84	this state and remains in this state is not subject to federal law
85	85	or federal regulation, including registration, under the authority
86	86	of the United States Congress to regulate interstate commerce.
87	87	(b) A basic material from which a firearm, a firearm
88	88	accessory, or ammunition is manufactured in this state, including
89	89	unmachined steel and unshaped wood, is not a firearm, a firearm
90	90	accessory, or ammunition and is not subject to federal regulation
91	91	under the authority of the United States Congress to regulate
92	92	interstate commerce as if it actually were a firearm, a firearm
93	93	accessory, or ammunition.
94	94	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
95	95	(1) a firearm that cannot be carried and used by one
96	96	person;
97	97	(2) a firearm that has a bore diameter greater than 1.5
98	98	inches and that uses smokeless powder and not black powder as a
99	99	propellant;
100	100	(3) ammunition with a projectile that explodes using
101	101	an explosion of chemical energy after the projectile leaves the
102	102	firearm; or
103	103	(4) a firearm that discharges two or more projectiles
104	104	with one activation of the trigger or other firing device.
105	105	Sec. 2003.005. MARKETING OF FIREARMS. A firearm manufactured
106	106	and sold in this state must have the words "Made in Texas" clearly
107	107	stamped on a central metallic part, such as the receiver or frame.
108	108	Sec. 2003.006. ATTORNEY GENERAL. (a) The attorney general
109	109	shall defend a citizen of this state whom the federal government
110	110	attempts to prosecute, claiming the power to regulate interstate
111	111	commerce, for violation of a federal law concerning the
112	112	manufacture, sale, transfer, or possession of a firearm, a firearm
113	113	accessory, or ammunition manufactured and retained in this state.
114	114	(b) On written notification to the attorney general by a
115	115	citizen of the citizen's intent to manufacture a firearm, a firearm
116	116	accessory, or ammunition to which this chapter applies, the
117	117	attorney general shall seek a declaratory judgment from a federal
118	118	district court in this state that this chapter is consistent with
119	119	the United States Constitution.
120	120	SECTION 4. This Act applies only to a firearm, a firearm
121	121	accessory, as that term is defined by Section 2003.001, Business &
122	122	Commerce Code, as added by this Act, and ammunition that is
123	123	manufactured on or after the effective date of this Act.
124	124	SECTION 5. This Act takes effect September 1, 2009.