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.