Texas House Bill HB3361

Texas 2021 - 87th Regular

Caption

Relating to the enforcement of certain federal firearm, firearm accessory, and firearm ammunition regulations within the State of Texas; creating a criminal offense.

Impact

If enacted, HB3361 would amend existing Texas statutes to further clarify that firearms manufactured and remaining within the borders of Texas would not be subject to federal regulations. This empowers local businesses producing firearms in Texas to operate without adhering to certain federal guidelines, fostering an environment of self-regulation. Advocates argue that this will bolster Texas sovereignty and the right of citizens to be secure in their ownership and manufacture of firearms without excessive interference from federal authorities. Conversely, critics worry that this could lead to a lack of uniformity in firearm regulations and potentially compromise public safety by undercutting federal oversight protections.

Summary

House Bill 3361, known as the Second Amendment Preservation Act, seeks to restrict the enforcement of certain federal firearm regulations within Texas. Specifically, the bill prohibits state and local government entities from adopting or enforcing federal laws and regulations that could limit or restrict firearm rights as interpreted by the state. This includes federal laws enacted after January 1, 2021, that impose prohibitions or restrictions which do not exist under Texas law. The underlying assertion of the bill is based on the belief that the constitutional rights stated in the Second and Tenth Amendments reserve the right to self-govern and regulate firearms at the state level, free from federal oversight when it comes to intrastate matters.

Contention

The bill has sparked significant debate among legislators and advocacy groups. Proponents argue it is necessary to uphold the Constitution and protect Texas residents' rights to bear arms as understood at the time of statehood. They assert that federal regulations have often overstepped their bounds and infringe on citizens' freedoms. On the other hand, opponents caution that the bill may encourage noncompliance with federal laws designed to ensure safety and gun regulation. They fear this legislation could create confusion around legally manufactured firearms and undermine efforts to regulate gun violence comprehensively. This contentious atmosphere highlights the larger national debate surrounding gun control and states' rights.