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Posted on 05/04/2009 6:32:20 AM PDT by marktwain
By: Berman H.B. No. 1863
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. FINDINGS.
(a) The Legislature of the State of Texas makes findings as stated in this section.
(b) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Texas certain powers as they 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.
(c) The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the constitution and reserves to the people of Texas certain rights as they were understood at the time that 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.
(d) 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.
(e) The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Texas became a state, and the guaranty of the 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.
(f) Section 23, Article I, Texas Constitution, clearly secures to Texas citizens the right to keep and bear arms. This constitutional protection is unchanged from the date the constitution was adopted in 1876.
SECTION 2. DECLARATION. 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) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
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.
(a) The attorney general shall defend a citizen of this state whom the federal government attempts to prosecute, claiming the power to regulate interstate commerce, for violation of a federal law concerning the manufacture, sale, transfer, or possession of a firearm, a firearm accessory, or ammunition manufactured and retained in this state.
(b) On written notification to the attorney general by a citizen 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, and ammunition that is manufactured on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2009.
The findings in Wickard, Lopez, Stewart all point to an
unenunciated Federal power to elevate private posession of anything to an act of interstate commerce. I am trying to
think of something that the Feds could not by fiat promote
possession of to a Federally regulated act were they of a mind to.
“We therefore hold that Congress had a rational basis for concluding that in the aggregate, possession of homemade ice cream bars could substantially affect interstate commerce in ice cream bars.”
I lifted it from Wiki-crap-pedia, but have no reason to doubt it's veracity.
Looking ... Case No. 02-10318 ... Looking ... 9th Circuit Blog summary .... looking ...
Got it! http://www.ca9.uscourts.gov/datastore/opinions/2006/06/30/0210318.pdf
Tahoe3002: TSRA Life Member, NRA Endowment Member.
Well, they need to start accepting it again. Wickard is wrong on it’s face and is an affront to the Justices’ employers, not to mention their employers’ intelligence.
Texas violated the peace treaty with Mexico by giving up their Texas sovereignity and becoming just another one of the United States.
The Constitution that replaced the Articles of Confederation effectively destroyed state power on paper;it just took a civil war for the federals to make that point.
They make blank receivers that are 60% completed which allows you to finish the work yourself and avoid all paperwork, so long as only you own the firearm that you made yourself.
Bang
Just remove Execption #4, and I’m cool with it! LOL.
Looks good. Thanks for posting!
YES! A Northern Wall for Texas! LOL. Also, FYI: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!
I love it.
BTW, pings will be intermittent over the rest of the week; I'm heading to L.A. on business.
Have fun in California...
Be Ever Vigilant!
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LA ???
You lose a bet Joe ?
BUMP
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