By:
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Laubenberg H.B.
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No.
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145A BILL TO BE ENTITLEDAN ACTrelating to exempting the intrastate manufacture of a firearm, afirearm accessory, or ammunition from federal regulation.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
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1.
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FINDINGS. (a) The Legislature of the State ofTexas makes findings as stated in this section.(b)
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The Tenth Amendment to the United States Constitutionguarantees to the states and their people all powers not granted tothe federal government elsewhere in the constitution and reservesto the state and people of Texas certain powers as they wereunderstood at the time that Texas was admitted to statehood in 1845.The guaranty of those powers is a matter of contract between thestate and people of Texas and the United States dating from the timeTexas became a state.(c)
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The Ninth Amendment to the United States Constitutionguarantees to the people rights not granted in the constitution andreserves to the people of Texas certain rights as they wereunderstood at the time that Texas became a state. The guaranty ofthose rights is a matter of contract between the state and people ofTexas and the United States dating from the time Texas became astate.(d)
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The regulation of intrastate commerce is vested in thestates under the Ninth and Tenth Amendments to the United StatesConstitution if not expressly preempted by federal law. The United123456789101112131415161718192021222324
82R108 CLG-F
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States Congress has not expressly preempted state regulation ofintrastate commerce relating to the manufacture on an intrastatebasis of firearms, firearms accessories, and ammunition.(e)
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The Second Amendment to the United States Constitutionreserves to the people the right to keep and bear arms as that rightwas understood at the time that Texas became a state, and theguaranty of the right is a matter of contract between the state andpeople of Texas and the United States dating from the time Texasbecame a state.(f)
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Section 23, Article I, Texas Constitution, clearlysecures to Texas citizens the right to keep and bear arms. Thisconstitutional protection is unchanged from the date theconstitution was adopted in 1876.SECTION
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2.
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DECLARATION. The Legislature of the State ofTexas declares that a firearm, a firearm accessory, or ammunitionmanufactured in Texas, as described by Chapter 2003, Business &Commerce Code, as added by this Act, that remains within the bordersof Texas:(1)
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has not traveled in interstate commerce; and(2)
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is not subject to federal law or federalregulation, including registration, under the authority of theUnited States Congress to regulate interstate commerce.SECTION
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3.
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Title 99, Business & Commerce Code, is amended byadding Chapter 2003 to read as follows:CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARMACCESSORY, OR AMMUNITIONSec.
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2003.001.
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DEFINITIONS. In this chapter:123456789101112131415161718192021222324252627H.B.
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No.
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145
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(1)
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"Firearm accessory" means an item that is used inconjunction with or mounted on a firearm but is not essential to thebasic function of a firearm. The term includes a telescopic orlaser sight, magazine, flash or sound suppressor, folding oraftermarket stock and grip, speedloader, ammunition carrier, andlight for target illumination.(2)
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"Generic and insignificant part" means an itemthat has manufacturing or consumer product applications other thaninclusion in a firearm, a firearm accessory, or ammunition. Theterm includes a spring, screw, nut, and pin.(3)
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"Manufacture" includes forging, casting,machining, or another process for working a material.Sec.
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2003.002.
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MEANING OF "MANUFACTURED IN THIS STATE." (a)For the purposes of this chapter, a firearm, a firearm accessory, orammunition is manufactured in this state if the item ismanufactured:(1)
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in this state from basic materials; and(2)
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without the inclusion of any part imported fromanother state other than a generic and insignificant part.(b)
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For the purposes of this chapter, a firearm ismanufactured in this state if it is manufactured as described bySubsection (a) without regard to whether a firearm accessoryimported into this state from another state is attached to or usedin conjunction with it.Sec.
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2003.003.
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NOT SUBJECT TO FEDERAL REGULATION. (a) Afirearm, a firearm accessory, or ammunition that is manufactured inthis state and remains in this state is not subject to federal law123456789101112131415161718192021222324252627H.B.
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No.
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145
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