89R2369 MLH-F
By: Swanson H.B. No. 1617
A BILL TO BE ENTITLED
AN ACT
relating to exempting the intrastate manufacture of a firearm, a
firearm accessory, or ammunition from federal regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Legislature of the State of Texas finds that:
(1) The Tenth Amendment to the United States
Constitution reserves to the states and the people all powers not
granted to the federal government elsewhere in the constitution, as
those powers were understood at the time that Texas was admitted to
statehood in 1845. The guaranty of those powers is a matter of
contract between the state and people of Texas and the United States
dating from the time Texas became a state.
(2) The Ninth Amendment to the United States
Constitution guarantees to the people rights not enumerated in the
constitution, as those rights were understood at the time Texas
became a state. The guaranty of those rights is a matter of contract
between the state and people of Texas and the United States dating
from the time Texas became a state.
(3) The regulation of intrastate commerce is vested in
the states under the Ninth and Tenth Amendments to the United States
Constitution if not expressly preempted by federal law. The United
States Congress has not expressly preempted state regulation of
intrastate commerce relating to the manufacture on an intrastate
basis of firearms, firearms accessories, and ammunition.
(4) The Second Amendment to the United States
Constitution guarantees the right of the people to keep and bear
arms, as that right was understood at the time Texas became a state.
The guaranty of that right is a matter of contract between the state
and people of Texas and the United States dating from the time Texas
became a state.
(5) Section 23, Article I, Texas Constitution, secures
to Texas citizens the right to keep and bear arms. That
constitutional protection is unchanged from the date the
constitution was adopted in 1876.
SECTION 2. The Legislature of the State of Texas declares
that a firearm, a firearm accessory, or ammunition manufactured in
Texas, as described by Chapter 2003, Business & Commerce Code, as
added by this Act, that remains within the borders of Texas:
(1) has not traveled in interstate commerce; and
(2) is not subject to federal law or federal
regulation, including registration, under the authority of the
United States Congress to regulate interstate commerce.
SECTION 3. Title 99, Business & Commerce Code, is amended by
adding Chapter 2003 to read as follows:
CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
ACCESSORY, OR AMMUNITION
Sec. 2003.001. DEFINITIONS. In this chapter:
(1) "Firearm accessory" means an item that is used in
conjunction with or mounted on a firearm but is not essential to the
basic function of a firearm. The term includes a telescopic or laser
sight, magazine, flash or sound suppressor, folding or aftermarket
stock and grip, speedloader, ammunition carrier, and light for
target illumination.
(2) "Generic and insignificant part" means an item
that has manufacturing or consumer product applications other than
inclusion in a firearm, a firearm accessory, or ammunition. The
term includes a spring, screw, nut, and pin.
(3) "Manufacture" includes forging, casting,
machining, or another process for working a material.
Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
For the purposes of this chapter, a firearm, a firearm accessory, or
ammunition is manufactured in this state if the item is
manufactured:
(1) in this state from basic materials; and
(2) without the inclusion of any part imported from
another state other than a generic and insignificant part.
(b) For the purposes of this chapter, a firearm is
manufactured in this state if it is manufactured as described by
Subsection (a) without regard to whether a firearm accessory
imported into this state from another state is attached to or used
in conjunction with it.
Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
firearm, a firearm accessory, or ammunition that is manufactured in
this state and remains in this state is not subject to federal law
or federal regulation, including registration, under the authority
of the United States Congress to regulate interstate commerce.
(b) A basic material from which a firearm, a firearm
accessory, or ammunition is manufactured in this state, including
unmachined steel and unshaped wood, is not a firearm, a firearm
accessory, or ammunition and is not subject to federal regulation
under the authority of the United States Congress to regulate
interstate commerce as if it actually were a firearm, a firearm
accessory, or ammunition.
Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
(1) a firearm that cannot be carried and used by one
person;
(2) a firearm that has a bore diameter greater than 1.5
inches and that uses smokeless powder and not black powder as a
propellant;
(3) ammunition with a projectile that explodes using
an explosion of chemical energy after the projectile leaves the
firearm; or
(4) any firearm that is capable of shooting more than
two shots automatically, without manual reloading, by a single
function of the trigger.
Sec. 2003.005. MARKETING OF FIREARMS. A firearm
manufactured and sold in this state must have the words "Made in
Texas" clearly stamped on a central metallic part, such as the
receiver or frame.
Sec. 2003.006. ATTORNEY GENERAL. On written notification
to the attorney general by a United States citizen who resides in
this state of the citizen's intent to manufacture a firearm, a
firearm accessory, or ammunition to which this chapter applies, the
attorney general shall seek a declaratory judgment from a federal
district court in this state that this chapter is consistent with
the United States Constitution.
SECTION 4. This Act applies only to a firearm, a firearm
accessory, as that term is defined by Section 2003.001, Business &
Commerce Code, as added by this Act, or ammunition that is
manufactured on or after the effective date of this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.