Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB100 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S11280 CLG-F
2	2	By: Hall S.B. No. 100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting the intrastate manufacture of a firearm, a
8	8	firearm accessory, or ammunition from federal regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The Legislature of the State of Texas finds that:
11	11	(1) The Tenth Amendment to the United States
12	12	Constitution reserves to the states and the people all powers not
13	13	granted to the federal government elsewhere in the constitution, as
14	14	those powers were understood at the time that Texas was admitted to
15	15	statehood in 1845. The guaranty of those powers is a matter of
16	16	contract between the state and people of Texas and the United States
17	17	dating from the time Texas became a state.
18	18	(2) The Ninth Amendment to the United States
19	19	Constitution guarantees to the people rights not enumerated in the
20	20	constitution, as those rights were understood at the time Texas
21	21	became a state. The guaranty of those rights is a matter of contract
22	22	between the state and people of Texas and the United States dating
23	23	from the time Texas became a state.
24	24	(3) The regulation of intrastate commerce is vested in
25	25	the states under the Ninth and Tenth Amendments to the United States
26	26	Constitution if not expressly preempted by federal law. The United
27	27	States Congress has not expressly preempted state regulation of
28	28	intrastate commerce relating to the manufacture on an intrastate
29	29	basis of firearms, firearms accessories, and ammunition.
30	30	(4) The Second Amendment to the United States
31	31	Constitution guarantees the right of the people to keep and bear
32	32	arms, as that right was understood at the time Texas became a state.
33	33	The guaranty of that right is a matter of contract between the state
34	34	and people of Texas and the United States dating from the time Texas
35	35	became a state.
36	36	(5) Section 23, Article I, Texas Constitution, secures
37	37	to Texas citizens the right to keep and bear arms. That
38	38	constitutional protection is unchanged from the date the
39	39	constitution was adopted in 1876.
40	40	SECTION 2. The Legislature of the State of Texas declares
41	41	that a firearm, a firearm accessory, or ammunition manufactured in
42	42	Texas, as described by Chapter 2003, Business & Commerce Code, as
43	43	added by this Act, that remains within the borders of Texas:
44	44	(1) has not traveled in interstate commerce; and
45	45	(2) is not subject to federal law or federal
46	46	regulation, including registration, under the authority of the
47	47	United States Congress to regulate interstate commerce.
48	48	SECTION 3. Title 99, Business & Commerce Code, is amended by
49	49	adding Chapter 2003 to read as follows:
50	50	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
51	51	ACCESSORY, OR AMMUNITION
52	52	Sec. 2003.001. DEFINITIONS. In this chapter:
53	53	(1) "Firearm accessory" means an item that is used in
54	54	conjunction with or mounted on a firearm but is not essential to the
55	55	basic function of a firearm. The term includes a telescopic or laser
56	56	sight, magazine, flash or sound suppressor, folding or aftermarket
57	57	stock and grip, speedloader, ammunition carrier, and light for
58	58	target illumination.
59	59	(2) "Generic and insignificant part" means an item
60	60	that has manufacturing or consumer product applications other than
61	61	inclusion in a firearm, a firearm accessory, or ammunition. The
62	62	term includes a spring, screw, nut, and pin.
63	63	(3) "Manufacture" includes forging, casting,
64	64	machining, or another process for working a material.
65	65	Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
66	66	For the purposes of this chapter, a firearm, a firearm accessory, or
67	67	ammunition is manufactured in this state if the item is
68	68	manufactured:
69	69	(1) in this state from basic materials; and
70	70	(2) without the inclusion of any part imported from
71	71	another state other than a generic and insignificant part.
72	72	(b) For the purposes of this chapter, a firearm is
73	73	manufactured in this state if it is manufactured as described by
74	74	Subsection (a) without regard to whether a firearm accessory
75	75	imported into this state from another state is attached to or used
76	76	in conjunction with it.
77	77	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
78	78	firearm, a firearm accessory, or ammunition that is manufactured in
79	79	this state and remains in this state is not subject to federal law
80	80	or federal regulation, including registration, under the authority
81	81	of the United States Congress to regulate interstate commerce.
82	82	(b) A basic material from which a firearm, a firearm
83	83	accessory, or ammunition is manufactured in this state, including
84	84	unmachined steel and unshaped wood, is not a firearm, a firearm
85	85	accessory, or ammunition and is not subject to federal regulation
86	86	under the authority of the United States Congress to regulate
87	87	interstate commerce as if it actually were a firearm, a firearm
88	88	accessory, or ammunition.
89	89	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
90	90	(1) a firearm that cannot be carried and used by one
91	91	person;
92	92	(2) a firearm that has a bore diameter greater than 1.5
93	93	inches and that uses smokeless powder and not black powder as a
94	94	propellant;
95	95	(3) ammunition with a projectile that explodes using
96	96	an explosion of chemical energy after the projectile leaves the
97	97	firearm; or
98	98	(4) any firearm that is capable of shooting more than
99	99	two shots automatically, without manual reloading, by a single
100	100	function of the trigger.
101	101	Sec. 2003.005. MARKETING OF FIREARMS. A firearm
102	102	manufactured and sold in this state must have the words "Made in
103	103	Texas" clearly stamped on a central metallic part, such as the
104	104	receiver or frame.
105	105	Sec. 2003.006. ATTORNEY GENERAL. On written notification
106	106	to the attorney general by a United States citizen who resides in
107	107	this state of the citizen's intent to manufacture a firearm, a
108	108	firearm accessory, or ammunition to which this chapter applies, the
109	109	attorney general shall seek a declaratory judgment from a federal
110	110	district court in this state that this chapter is consistent with
111	111	the United States Constitution.
112	112	SECTION 4. This Act applies only to a firearm, a firearm
113	113	accessory, as that term is defined by Section 2003.001, Business &
114	114	Commerce Code, as added by this Act, or ammunition that is
115	115	manufactured on or after the effective date of this Act.
116	116	SECTION 5. This Act takes effect December 1, 2017.