Texas 2025 - 89th Regular

Texas Senate Bill SB130 Compare Versions

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

Old	New	Differences
1	1	89R2369 MLH-F
2	2	By: Hall S.B. No. 130
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to exempting the intrastate manufacture of a firearm, a
10	10	firearm accessory, or ammunition from federal regulation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The Legislature of the State of Texas finds that:
13	13	(1) The Tenth Amendment to the United States
14	14	Constitution reserves to the states and the people all powers not
15	15	granted to the federal government elsewhere in the constitution, as
16	16	those powers were understood at the time that Texas was admitted to
17	17	statehood in 1845. The guaranty of those powers is a matter of
18	18	contract between the state and people of Texas and the United States
19	19	dating from the time Texas became a state.
20	20	(2) The Ninth Amendment to the United States
21	21	Constitution guarantees to the people rights not enumerated in the
22	22	constitution, as those rights were understood at the time Texas
23	23	became a state. The guaranty of those rights is a matter of contract
24	24	between the state and people of Texas and the United States dating
25	25	from the time Texas became a state.
26	26	(3) The regulation of intrastate commerce is vested in
27	27	the states under the Ninth and Tenth Amendments to the United States
28	28	Constitution if not expressly preempted by federal law. The United
29	29	States Congress has not expressly preempted state regulation of
30	30	intrastate commerce relating to the manufacture on an intrastate
31	31	basis of firearms, firearms accessories, and ammunition.
32	32	(4) The Second Amendment to the United States
33	33	Constitution guarantees the right of the people to keep and bear
34	34	arms, as that right was understood at the time Texas became a state.
35	35	The guaranty of that right is a matter of contract between the state
36	36	and people of Texas and the United States dating from the time Texas
37	37	became a state.
38	38	(5) Section 23, Article I, Texas Constitution, secures
39	39	to Texas citizens the right to keep and bear arms. That
40	40	constitutional protection is unchanged from the date the
41	41	constitution was adopted in 1876.
42	42	SECTION 2. The Legislature of the State of Texas declares
43	43	that a firearm, a firearm accessory, or ammunition manufactured in
44	44	Texas, as described by Chapter 2003, Business & Commerce Code, as
45	45	added by this Act, that remains within the borders of Texas:
46	46	(1) has not traveled in interstate commerce; and
47	47	(2) is not subject to federal law or federal
48	48	regulation, including registration, under the authority of the
49	49	United States Congress to regulate interstate commerce.
50	50	SECTION 3. Title 99, Business & Commerce Code, is amended by
51	51	adding Chapter 2003 to read as follows:
52	52	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
53	53	ACCESSORY, OR AMMUNITION
54	54	Sec. 2003.001. DEFINITIONS. In this chapter:
55	55	(1) "Firearm accessory" means an item that is used in
56	56	conjunction with or mounted on a firearm but is not essential to the
57	57	basic function of a firearm. The term includes a telescopic or laser
58	58	sight, magazine, flash or sound suppressor, folding or aftermarket
59	59	stock and grip, speedloader, ammunition carrier, and light for
60	60	target illumination.
61	61	(2) "Generic and insignificant part" means an item
62	62	that has manufacturing or consumer product applications other than
63	63	inclusion in a firearm, a firearm accessory, or ammunition. The
64	64	term includes a spring, screw, nut, and pin.
65	65	(3) "Manufacture" includes forging, casting,
66	66	machining, or another process for working a material.
67	67	Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
68	68	For the purposes of this chapter, a firearm, a firearm accessory, or
69	69	ammunition is manufactured in this state if the item is
70	70	manufactured:
71	71	(1) in this state from basic materials; and
72	72	(2) without the inclusion of any part imported from
73	73	another state other than a generic and insignificant part.
74	74	(b) For the purposes of this chapter, a firearm is
75	75	manufactured in this state if it is manufactured as described by
76	76	Subsection (a) without regard to whether a firearm accessory
77	77	imported into this state from another state is attached to or used
78	78	in conjunction with it.
79	79	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
80	80	firearm, a firearm accessory, or ammunition that is manufactured in
81	81	this state and remains in this state is not subject to federal law
82	82	or federal regulation, including registration, under the authority
83	83	of the United States Congress to regulate interstate commerce.
84	84	(b) A basic material from which a firearm, a firearm
85	85	accessory, or ammunition is manufactured in this state, including
86	86	unmachined steel and unshaped wood, is not a firearm, a firearm
87	87	accessory, or ammunition and is not subject to federal regulation
88	88	under the authority of the United States Congress to regulate
89	89	interstate commerce as if it actually were a firearm, a firearm
90	90	accessory, or ammunition.
91	91	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
92	92	(1) a firearm that cannot be carried and used by one
93	93	person;
94	94	(2) a firearm that has a bore diameter greater than 1.5
95	95	inches and that uses smokeless powder and not black powder as a
96	96	propellant;
97	97	(3) ammunition with a projectile that explodes using
98	98	an explosion of chemical energy after the projectile leaves the
99	99	firearm; or
100	100	(4) any firearm that is capable of shooting more than
101	101	two shots automatically, without manual reloading, by a single
102	102	function of the trigger.
103	103	Sec. 2003.005. MARKETING OF FIREARMS. A firearm
104	104	manufactured and sold in this state must have the words "Made in
105	105	Texas" clearly stamped on a central metallic part, such as the
106	106	receiver or frame.
107	107	Sec. 2003.006. ATTORNEY GENERAL. On written notification
108	108	to the attorney general by a United States citizen who resides in
109	109	this state of the citizen's intent to manufacture a firearm, a
110	110	firearm accessory, or ammunition to which this chapter applies, the
111	111	attorney general shall seek a declaratory judgment from a federal
112	112	district court in this state that this chapter is consistent with
113	113	the United States Constitution.
114	114	SECTION 4. This Act applies only to a firearm, a firearm
115	115	accessory, as that term is defined by Section 2003.001, Business &
116	116	Commerce Code, as added by this Act, or ammunition that is
117	117	manufactured on or after the effective date of this Act.
118	118	SECTION 5. This Act takes effect immediately if it receives
119	119	a vote of two-thirds of all the members elected to each house, as
120	120	provided by Section 39, Article III, Texas Constitution. If this
121	121	Act does not receive the vote necessary for immediate effect, this
122	122	Act takes effect September 1, 2025.