Texas Senate Bill SB542

Texas 2021 - 87th Regular

Caption

Relating to exempting the intrastate manufacture of a firearm, a firearm accessory, or ammunition from federal regulation.

Impact

If enacted, SB542 would significantly alter aspects of Texas state law concerning the manufacture and regulation of firearms. By declaring that such locally manufactured items are not regulated federally, the bill would create a legal framework that empowers Texas to establish its regulations over firearm manufacturing without federal interference. This change could increase local manufacturing activity and potentially lead to a rise in homemade firearms, as these items may not require federal registration or compliance with federal firearm regulations.

Summary

SB542 is a legislative bill that proposes to exempt the intrastate manufacture of firearms, firearm accessories, and ammunition from federal regulation. The bill asserts that under the Tenth and Ninth Amendments of the U.S. Constitution, states possess the authority to regulate intrastate commerce unless expressly preempted by federal laws. It emphasizes the belief that firearms and related items manufactured entirely within Texas and not circulating in interstate commerce should not be subjected to federal oversight. This is anchored in the right to keep and bear arms as guaranteed by the Second Amendment and reinforced by the Texas Constitution.

Contention

The proposed legislation raises notable concerns and points of contention among lawmakers and the public. Supporters, primarily from pro-Second Amendment factions, argue that the bill protects local industry and upholds constitutional rights. Conversely, opponents, including gun control advocates and some lawmakers, express fear that this exemption could lead to unregulated firearm manufacturing in Texas, complicating law enforcement efforts and potentially increasing risks related to illegal firearms. They highlight that without federal oversight, there may be concerns regarding quality, safety, and the categorization of homemade firearms.