Texas 2023 - 88th Regular

Texas Senate Bill SB2347 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Springer S.B. No. 2347
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to exempting the intrastate manufacture of a firearm, a
7	7	firearm accessory, or ammunition from federal regulation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The Legislature of the State of Texas finds that:
10	10	(1) The Tenth Amendment to the United States
11	11	Constitution reserves to the states and the people all powers not
12	12	granted to the federal government elsewhere in the constitution, as
13	13	those powers were understood at the time that Texas was admitted to
14	14	statehood in 1845. The guaranty of those powers is a matter of
15	15	contract between the state and people of Texas and the United States
16	16	dating from the time Texas became a state.
17	17	(2) The Ninth Amendment to the United States
18	18	Constitution guarantees to the people rights not enumerated in the
19	19	constitution, as those rights were understood at the time Texas
20	20	became a state. The guaranty of those rights is a matter of contract
21	21	between the state and people of Texas and the United States dating
22	22	from the time Texas became a state.
23	23	(3) The regulation of intrastate commerce is vested in
24	24	the states under the Ninth and Tenth Amendments to the United States
25	25	Constitution if not expressly preempted by federal law. The United
26	26	States Congress has not expressly preempted state regulation of
27	27	intrastate commerce relating to the manufacture on an intrastate
28	28	basis of firearms, firearms accessories, and ammunition.
29	29	(4) The Second Amendment to the United States
30	30	Constitution guarantees the right of the people to keep and bear
31	31	arms, as that right was understood at the time Texas became a state.
32	32	The guaranty of that right is a matter of contract between the state
33	33	and people of Texas and the United States dating from the time Texas
34	34	became a state.
35	35	(5) Section 23, Article I, Texas Constitution, secures
36	36	to Texas citizens the right to keep and bear arms. That
37	37	constitutional protection is unchanged from the date the
38	38	constitution was adopted in 1876.
39	39	SECTION 2. The Legislature of the State of Texas declares
40	40	that a firearm, a firearm accessory, or ammunition manufactured in
41	41	Texas, as described by Chapter 2003, Business & Commerce Code, as
42	42	added by this Act, that remains within the borders of Texas:
43	43	(1) has not traveled in interstate commerce; and
44	44	(2) is not subject to federal law or federal
45	45	regulation, including registration, under the authority of the
46	46	United States Congress to regulate interstate commerce.
47	47	SECTION 3. Title 99, Business & Commerce Code, is amended by
48	48	adding Chapter 2003 to read as follows:
49	49	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
50	50	ACCESSORY, OR AMMUNITION
51	51	Sec. 2003.001. DEFINITIONS. In this chapter:
52	52	(1) "Firearm accessory" means an item that is
53	53	used in conjunction with or mounted on a firearm but is not
54	54	essential to the basic function of a firearm. The term includes a
55	55	telescopic or laser sight, magazine, flash or sound suppressor,
56	56	folding or aftermarket stock and grip, speedloader, ammunition
57	57	carrier, and light for target illumination.
58	58	(2) "Generic and insignificant part" means an
59	59	item that has manufacturing or consumer product applications other
60	60	than inclusion in a firearm, a firearm accessory, or ammunition.
61	61	The term includes a spring, screw, nut, and pin.
62	62	(3) "Manufacture" includes forging, casting,
63	63	machining, or another process for working a material.
64	64	Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
65	65	For the purposes of this chapter, a firearm, a firearm accessory, or
66	66	ammunition is manufactured in this state if the item is
67	67	manufactured:
68	68	(1) in this state from basic materials; and
69	69	(2) without the inclusion of any part imported
70	70	from another state other than a generic and insignificant part.
71	71	(b) For the purposes of this chapter, a firearm is
72	72	manufactured in this state if it is manufactured as described by
73	73	Subsection (a) without regard to whether a firearm accessory
74	74	imported into this state from another state is attached to or used
75	75	in conjunction with it.
76	76	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
77	77	firearm, a firearm accessory, or ammunition that is manufactured in
78	78	this state and remains in this state is not subject to federal law
79	79	or federal regulation, including registration, under the authority
80	80	of the United States Congress to regulate interstate commerce.
81	81	(b) A basic material from which a firearm, a firearm
82	82	accessory, or ammunition is manufactured in this state, including
83	83	unmachined steel and unshaped wood, is not a firearm, a firearm
84	84	accessory, or ammunition and is not subject to federal regulation
85	85	under the authority of the United States Congress to regulate
86	86	interstate commerce as if it actually were a firearm, a firearm
87	87	accessory, or ammunition.
88	88	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
89	89	(1) a firearm that cannot be carried and used by one
90	90	person;
91	91	(2) a firearm that has a bore diameter greater than 1.5
92	92	inches and that uses smokeless powder and not black powder as a
93	93	propellant;
94	94	(3) ammunition with a projectile that explodes using
95	95	an explosion of chemical energy after the projectile leaves the
96	96	firearm; or
97	97	(4) any firearm that is capable of shooting more than
98	98	two shots automatically, without manual reloading, by a single
99	99	function of the trigger.
100	100	Sec. 2003.005. MARKETING OF FIREARMS. A firearm
101	101	manufactured and sold in this state must have the words "Made in
102	102	Texas" clearly stamped on a central metallic part, such as the
103	103	receiver or frame.
104	104	Sec. 2003.006. ATTORNEY GENERAL. On written notification
105	105	to the attorney general by a United States citizen who resides in
106	106	this state of the citizen's intent to manufacture a firearm, a
107	107	firearm accessory, or ammunition to which this chapter applies, the
108	108	attorney general shall seek a declaratory judgment from a federal
109	109	district court in this state that this chapter is consistent with
110	110	the United States Constitution.
111	111	SECTION 4. This Act applies only to a firearm, a firearm
112	112	accessory, as that term is defined by Section 2003.001, Business &
113	113	Commerce Code, as added by this Act, or ammunition that is
114	114	manufactured on or after the effective date of this Act.
115	115	SECTION 5. This Act takes effect September 1, 2023.