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

89(R) HB 1617 - Introduced version - Bill Text

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.