Texas 2013 - 83rd Regular

Texas House Bill HB627 Compare Versions

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Old	New	Differences
1	1	By: Krause, Hughes, Stickland, Creighton, H.B. No. 627
2	2	Bonnen of Brazoria, et al.
3	3	Substitute the following for H.B. No. 627:
4	4	By: Turner of Collin C.S.H.B. No. 627
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exempting the intrastate manufacture of a firearm, a
10	10	firearm accessory, or ammunition from federal regulation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. FINDINGS. (a) The Legislature of the State of
13	13	Texas makes findings as stated in this section.
14	14	(b) The Tenth Amendment to the United States Constitution
15	15	guarantees to the states and their people all powers not granted to
16	16	the federal government elsewhere in the constitution and reserves
17	17	to the state and people of Texas certain powers as they were
18	18	understood at the time that Texas was admitted to statehood in 1845.
19	19	The guaranty of those powers is a matter of contract between the
20	20	state and people of Texas and the United States dating from the time
21	21	Texas became a state.
22	22	(c) The Ninth Amendment to the United States Constitution
23	23	guarantees to the people rights not granted in the constitution and
24	24	reserves to the people of Texas certain rights as they were
25	25	understood at the time that Texas became a state. The guaranty of
26	26	those rights is a matter of contract between the state and people of
27	27	Texas and the United States dating from the time Texas became a
28	28	state.
29	29	(d) The regulation of intrastate commerce is vested in the
30	30	states under the Ninth and Tenth Amendments to the United States
31	31	Constitution if not expressly preempted by federal law. The United
32	32	States Congress has not expressly preempted state regulation of
33	33	intrastate commerce relating to the manufacture on an intrastate
34	34	basis of firearms, firearms accessories, and ammunition.
35	35	(e) The Second Amendment to the United States Constitution
36	36	reserves to the people the right to keep and bear arms as that right
37	37	was understood at the time that Texas became a state, and the
38	38	guaranty of the right is a matter of contract between the state and
39	39	people of Texas and the United States dating from the time Texas
40	40	became a state.
41	41	(f) Section 23, Article I, Texas Constitution, clearly
42	42	secures to Texas citizens the right to keep and bear arms. This
43	43	constitutional protection is unchanged from the date the
44	44	constitution was adopted in 1876.
45	45	SECTION 2. DECLARATION. The Legislature of the State of
46	46	Texas declares that a firearm, a firearm accessory, or ammunition
47	47	manufactured in Texas, as described by Chapter 2003, Business &
48	48	Commerce Code, as added by this Act, that remains within the borders
49	49	of Texas:
50	50	(1) has not traveled in interstate commerce; and
51	51	(2) is not subject to federal law or federal
52	52	regulation, including registration, under the authority of the
53	53	United States Congress to regulate interstate commerce.
54	54	SECTION 3. Title 99, Business & Commerce Code, is amended by
55	55	adding Chapter 2003 to read as follows:
56	56	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
57	57	ACCESSORY, OR AMMUNITION
58	58	Sec. 2003.001. DEFINITIONS. In this chapter:
59	59	(1) "Firearm accessory" means an item that is used in
60	60	conjunction with or mounted on a firearm but is not essential to the
61	61	basic function of a firearm. The term includes a telescopic or laser
62	62	sight, magazine, flash or sound suppressor, folding or aftermarket
63	63	stock and grip, speedloader, ammunition carrier, and light for
64	64	target illumination.
65	65	(2) "Generic and insignificant part" means an item
66	66	that has manufacturing or consumer product applications other than
67	67	inclusion in a firearm, a firearm accessory, or ammunition. The
68	68	term includes a spring, screw, nut, and pin.
69	69	(3) "Manufacture" includes forging, casting,
70	70	machining, or another process for working a material.
71	71	Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
72	72	For the purposes of this chapter, a firearm, a firearm accessory, or
73	73	ammunition is manufactured in this state if the item is
74	74	manufactured:
75	75	(1) in this state from basic materials; and
76	76	(2) without the inclusion of any part imported from
77	77	another state other than a generic and insignificant part.
78	78	(b) For the purposes of this chapter, a firearm is
79	79	manufactured in this state if it is manufactured as described by
80	80	Subsection (a) without regard to whether a firearm accessory
81	81	imported into this state from another state is attached to or used
82	82	in conjunction with it.
83	83	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
84	84	firearm, a firearm accessory, or ammunition that is manufactured in
85	85	this state and remains in this state is not subject to federal law
86	86	or federal regulation, including registration, under the authority
87	87	of the United States Congress to regulate interstate commerce.
88	88	(b) A basic material from which a firearm, a firearm
89	89	accessory, or ammunition is manufactured in this state, including
90	90	unmachined steel and unshaped wood, is not a firearm, a firearm
91	91	accessory, or ammunition and is not subject to federal regulation
92	92	under the authority of the United States Congress to regulate
93	93	interstate commerce as if it actually were a firearm, a firearm
94	94	accessory, or ammunition.
95	95	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
96	96	(1) a firearm that cannot be carried and used by one
97	97	person;
98	98	(2) a firearm that has a bore diameter greater than 1.5
99	99	inches and that uses smokeless powder and not black powder as a
100	100	propellant;
101	101	(3) ammunition with a projectile that explodes using
102	102	an explosion of chemical energy after the projectile leaves the
103	103	firearm; or
104	104	(4) any firearm that is capable of shooting more than
105	105	two shots automatically, without manual reloading, by a single
106	106	function of the trigger.
107	107	Sec. 2003.005. MARKETING OF FIREARMS. A firearm
108	108	manufactured and sold in this state must have the words "Made in
109	109	Texas" clearly stamped on a central metallic part, such as the
110	110	receiver or frame.
111	111	Sec. 2003.006. ATTORNEY GENERAL. (a) On written
112	112	notification to the attorney general by a citizen of the citizen's
113	113	intent to manufacture a firearm, a firearm accessory, or ammunition
114	114	to which this chapter applies, the attorney general shall seek a
115	115	declaratory judgment from a federal district court in this state
116	116	that this chapter is consistent with the United States
117	117	Constitution.
118	118	SECTION 4. This Act applies only to a firearm, a firearm
119	119	accessory, as that term is defined by Section 2003.001, Business &
120	120	Commerce Code, as added by this Act, and ammunition that is
121	121	manufactured on or after the effective date of this Act.
122	122	SECTION 5. This Act takes effect September 1, 2013.